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Smt. Usha Pandey And Others v. Special Judge S.C./S.T. And Others - WRIT - A No. 49821 of 2005 [2006] RD-AH 11993 (21 July 2006)


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Civil Misc. Writ Petition No. 17658 of 2005

Smt. Usha Pandey & others vs. Rent Control & Eviction Officer and another

Connected with

Civil Misc. Writ Petition No. 49821 of 2005

Smt. Usha Pandey & others vs. Special Judge S.C./S.T. Kanpur Nagar

and others

Hon'ble Krishna Murari, J.

These are two connected writ petitions filed by the same petitioners. Writ petition no. 17658 of 2005 is directed against the order dated 16.2.2005 passed by the Rent Control & Eviction Officer declaring vacancy. Writ Petition no. 49821 of 2005 is directed against the order dated 2.5.2005 passed by the revisional court dismissing the revision challenging the order of release as not maintainable.

I have heard learned counsel for the parties.

The revisional court dismissed the revision challenging the order of release as not maintainable at the admission stage. Hon'ble Apex Court in the case of Achal Mishra vs. Rama Shanker Singh & others, 2000(6) SCC 694 has held that any person, who is aggrieved against any final order passed under Section 16 of the Act, is entitled to file revision under Section 18 of the Act before the District Judge on the ground enumerated therein.

It is well settled that order declaring vacancy can also be challenged in revision filed against the order of release.

In view of the above, writ petition no. 49821 of 2005 stands allowed. The impugned order dated 2.5.2005 passed by revisional court is set aside.

The matter is remanded back to the revisional court for deciding the revision expeditiously in accordance with law.

Since the petitioners have a remedy of challenging the order declaring vacancy impugned in writ petition no. 17658 of 2005, the said writ petition stands dismissed leaving it open to the petitioners to challenge the order dated 16.2.2005 before the revisional court.

Till disposal of the revision, ejectment of the petitioners from the premises in dispute shall remain stayed.



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