Abdul Samad v. Laximi Narayan Tiwari

Court No. - 19

Case :- WRIT - A No. - 27523 of 2018

Petitioner :- Abdul Samad Respondent :- Laximi Narayan Tiwari Counsel for Petitioner :- Awadh Bihari Pandey

Hon'ble Manoj Kumar Gupta,J.

By the instant petition, the petitioner has challenged the order dated 25.7.2018 passed by the Rent Control and Eviction Officer declaring vacancy in respect of a shop on the ground floor of premises 106/385A, Gandhi Nagar, Kanpur Nagar.

Counsel for the petitioner does not dispute that after declaration of vacancy, the premises was released in favour of the landlord by an order dated 15.10.2018.

Since the final order of release has already been passed, therefore, as laid down by Supreme Court in Achal Mishra Versus Rama Shankar Singh & others, 2005 (1) ARC 877 , the remedy of the petitioner is to file revision under Section 18 of the Act.

In view of the above, this Court is not inclined to entertain the instant writ petition. It is accordingly dismissed.

(Manoj Kumar Gupta, J.)

Order Date :- 20.12.2018 AM/-