Petitioner challenged orders of Rent Control Officer under U.P. Act No. 13 of 1972 regarding vacancy declaration and eviction. Court declined petition due to availability of statutory revision remedy.
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Court No. - 19
Case :- WRIT - A No. - 25809 of 2018
Petitioner :- Mohd. Rafeeq Respondent :- Smt. Rajeshwari Devi And Another Counsel for Petitioner :- C.M.Rai
Hon'ble Manoj Kumar Gupta,J.
The instant petition is directed against orders dated 20.7.2015, 31.8.2015 and 5.10.2015 passed by Rent Control and Eviction Officer. By order dated 20.7.2015, a vacancy has been declared under the provisions of U.P. Act No. 13 of 1972. By order dated 31.8.2015, the premises has been released in favour of the landlord. By order dated 5.10.2015, the review application of the petitioner filed under Section 16(5) has been rejected.
Against the orders dated 20.7.2015 and 31.8.2015, the petitioner had the remedy of filing revision under Section 18 of the Act. Likewise, against order dated 5.10.2015, rejecting application under Section 16(5), again remedy of revision under Section 18 is available. The petitioner has not availed the said remedy.
In such view of the matter, this Court is not inclined to entertain the instant petition, but leaves it open to the petitioner to take recourse to the statutory alternative remedy available to him under the Act itself.
The petition stands disposed of with the above observation.
(Manoj Kumar Gupta, J.)
Order Date :- 6.12.2018 AM/-
Mohd. Rafeeq
Smt. Rajeshwari Devi
Another
Manoj Kumar Gupta
As recorded by the court registry
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