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Umakant Gupta v. Smt. Ram Devi And Others - WRIT - A No. - 48853 of 2007 [2007] RD-AH 16467 (8 October 2007)

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).


Hon'ble S.U. Khan, J.

Building in dispute was declared as vacant on 31.03.2006 and released in favour of the landlord petitioner on 18.07.2006 by R.C. & E.O./ A.C.M. III, Kanpur Nagar in Case No.75 of 2003 (Gulab Singh Vs. Smt. Ram Devi). Thereafter, revision was filed by tenant respondent No.1 being Rent Revision No.46 of 2006, which was dismissed on 01.02.2007 by A.D.J. Court No.14, Kanpur Nagar.

In Kanpur Nagar, proceedings for delivery of possession in pursuance of orders passed by different Additional City Magistrates acting as R.C. & E.O. are to be taken by A.D.M. City, Kanpur Nagar as R.C. & E.O. After dismissal of the revision, petitioner landlord filed application for possession before A.D.M. City, Kanpur Nagar/ R.C. & E.O.-Respondent No.3. On the said application, Form-14 was issued on 07.06.2007 and was served upon respondent No.1 on 25.06.2007. Thereafter, Form-D is to be issued for delivery of possession through police force. However, according to the petitioner, said form has not yet been issued and about 20 dates have been fixed by R.C. & E.O./ A.D.M. City, Kanpur Nagar.

It is very unfortunate situation. District Magistrate, Kanpur Nagar is directed to look into the matter and see that those officers, who are deputed by him to act as R.C. & E.O. perform their duties promptly. R.C. & E.O./ A.D.M. City, Kanpur Nagar is directed to decide the matter positively within two months from the date of receipt of this order. Next date fixed is reported to be 29.10.2007. All efforts must be made to decide the matter finally and issue Form-D if there no hindrance in issuing the said Form on the said date. Property in dispute is a house, situate in Kanpur. It is stated by the learned counsel for the petitioner that the house in dispute consists of one room, veranda, angan and other amenities and the rent is only Rs.6.25/- per month. Accordingly, it is further directed that w.e.f. 01.02.2007, tenant respondent No.1 is liable to pay damages for use and occupation @ Rs.500/- per month. This amount may be recovered under Rule 24 of the Rules framed under U.P. Urban Buildings (Regulation of Letting, Rent & Eviction) Act, 1972. For the purposes of Rule 24(2), certified copy of this order shall be treated to be a certificate in Form-G.

Writ petition is accordingly disposed of.




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