Ajay Kumar Yadav Vs Judge Small Causes COURT-01, Kanpur Nagar and 5 Others

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Court No. - 19

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Case :- MATTERS UNDER ARTICLE 227 No. - 9628 of 2018

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Petitioner :- Ajay Kumar Yadav Respondent :- Judge Small Causes Court No. 1, Kanpur Nagar And 5 Others

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Counsel for Petitioner :- Adarsh Kumar

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Hon'ble Manoj Kumar Gupta,J.

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By means of instant petition under Article 227 of the Constitution, the petitioner has challenged an order passed on 25.10.2018 by Prescribed Authority in Rent Case No. 73/2015 under Section 21(1) (a) of U.P.Act No. 13 of 1972 allowing application filed by respondent-tenant for issuance of a Commission for inspection of the tenanted premises and the adjoining properties belonging to petitioner-landlord.

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Learned counsel for the petitioner submitted that the impugned order is wholly illegal, as the Commission was not at all warranted in the facts of the instant case. He further submitted that the respondent-tenant had filed the application with oblique motives to delay the disposal of release application pending since the year 2014. He further submitted that the tenant has already got an alternative accommodation in his possession.

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The impugned order being a purely interlocutory order, this Court is not inclined to interfere with the same in exercise of supervisory power under Article 227 of the Constitution. However, in order to safeguard the interest of the petitioner, it is hereby directed that the Prescribed Authority shall ensure that the Commission is executed positively within two weeks from the date a certified copy of this order is filed before it and the proceedings of the case are concluded expeditiously, without granting unnecessary adjournments, preferably within a period of next six months.

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The petition stands disposed of accordingy.

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(Manoj Kumar Gupta, J.)

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Order Date :- 19.12.2018 AM/-

Ajay Kumar Yadav v. Judge Small Causes COURT-01, Kanpur Nagar and 5 Others

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Ajay Kumar Yadav v. Judge Small Causes COURT-01, Kanpur Nagar and 5 Others

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