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PREM SWAROOP BHATIA versus AKHILESH KUMAR AGRAWAL AND ANOTHER

High Court of Judicature at Allahabad

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Prem Swaroop Bhatia v. Akhilesh Kumar Agrawal And Another - WRIT - A No. 32978 of 2005 [2006] RD-AH 12487 (28 July 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Rakesh Tiwari,J.

Heard counsel for the parties and perused the record.

This writ petition has been filed against the order-dated 7.4.2005 for declaring vacancy passed by the

Rent Control and Eviction Officer (II), Allahabad.

         Counsel for the respondents has raised a preliminary objection that in view of Shyam Sundar Agarwal Vs.Smt. Gyanwati Devi and another, 2005(2) ARC-479 the writ petition against declaring vacancy is premature and is not maintainable and that the petitioner has an alternate and efficacious remedy of revision.

          The counsel for the petitioner submits that limitation for filing revision is not now available to him and as such revision cannot be filed.

           In the circumstances the writ petition is dismissed as not maintainable in view of Shyam Sundar Agarwal(supra). However, it is open to the petitioner to challenge the order of declaration of vacancy by filing revision before the revisional Court on payment of cost of Rs.5, 000/- (five thousand). In case the petitioner files a revision within a period of two weeks from today challenging the order declaring vacancy, before the revisional Court, the same shall be decided by it within a period of two months from today by a reasoned and speaking order in accordance with law.

Dated 28.7.2006

CPP/-32978-2006


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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