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SMT. KESARI DEVI AND OTHERS versus THE COURT OF P.A. (A.C.J. IST DEIVISION) & OTHERS

High Court of Judicature at Allahabad

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Smt. Kesari Devi And Others v. The Court Of P.A. (A.C.J. Ist Deivision) & Others - WRIT - A No. 53394 of 2006 [2006] RD-AH 16822 (25 September 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 Petitioner and perused the record.

The petitioners-landlords filed application, registered as P.A. case no. 23 of 1999, under Section 21(1)(a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction)Act, 1972 for release of the portion occupied by predecesson-in-interest of the respondent nos. 2 to 10.

The case was dismissed in default vide order dated 19.8.2004 passed by the Prescribed Authority.  The petitioners moved restoration application dated 18.9.2004, which is still pending and this writ petition has been filed for issuance of mandamus to the respondent no. 1 to decide the restoration application expeditiously.

The restoration application is pending since 18/9/2004. In the facts and circumstances of the case and in the interest of justice, the prayer of the petitioners is liable to be accepted that their restoration application is pending for since 18.9.2004, i.e., for more than a year. ''Justice delayed is justice denied'. Hence the petitioner is liable to be allowed on this ground alone at this stage.

The writ petition is disposed of with the direction to respondent no. 1 to decide the restoration application of the petitioners within a period of one month from the date of production of a certified copy of this judgment and order, in accordance with law. No orders as to costs.

Dated 25.9.2006

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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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