Mukteshwar Tiwari Vs XVIth Additional District Judge,Kanpur Nagar and Another

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Court No. - 26

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Case :- MATTERS UNDER ARTICLE 227 No. - 3294 of 2018

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Petitioner :- Mukteshwar Tiwari Respondent :- Xvith Additional District Judge,Kanpur Nagar And Another

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Counsel for Petitioner :- C.M.Rai

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Hon'ble Mrs. Sangeeta Chandra,J.

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(ORAL)

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This writ petition has been filed for a direction to the XVIth Additional District Judge, Kanpur Nagar to decide the Revision No. 31 of 2016 pending before him within a stipulated time period.

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Learned counsel for the petitioner submits that the petitioner is the owner of House No. 104-A/280-A Rambagh, P. Road, Kanpur Nagar. He has filed an application under section 16(1)(b) of the Act before the Rent Control and Eviction Officer/ IIIrd Additional City Magistrate, Kanpur Nagar in 2009 stating that respondent No. 2, Ram Sewak Katiyar, son of late Madarilal has been residing in house in question without an allotment order. A Rent Case No. 3 of 2010 was registered and on 18.02.2015 his application for declaration of vacancy was allowed, and thereafter, the house in question has been released in favour of the petitioner on 25.07.2015. The respondent No. 2-tenant filed a Revision before the District Judge, Kanpur Nagar as aforesaid, and the same is pending before the XVIth Additional District Judge, Kanpur Nagar since August, 2015. Because of the pendency of the Revision, the possession of the house has not been delivered by respondent No. 2 to the owner.

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Accordingly, this writ petition is disposed of with a direction to respondent No. 1 to consider and decide the Revision, as expeditiously as possible, say within a period of four months from the date a certified copy of this order is produced before the the court concerned, without giving any unnecessary adjournments to either of the parties.

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Order Date :- 14.5.2018 Sazia

Mukteshwar Tiwari v. XVIth Additional District Judge,Kanpur Nagar and Another

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Mukteshwar Tiwari v. XVIth Additional District Judge,Kanpur Nagar and Another

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