The High Court dismissed a writ petition challenging a lower court order rejecting a petitioners request to amend objections by claiming non-service of statutory notice under the U.P. Land Holdings Act, holding the plea was raised belatedly.
Petition for amendment and writ challenge dismissed.
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Court No. - 26
Case :- WRIT - A No. - 5664 of 2019
Petitioner :- Ajay Arora And 5 Others Respondent :- Luxmi Narayan Gupta And Another Counsel for Petitioner :- Virendra Kumar
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard Sri Virendra Kumar, learned counsel for the petitioners.
By means of the present petition, the petitioners have sought to challenge the order dated 30.01.2019 passed by the Additional District Judge, Court No.16, Kanpur Nagar in Rent Appeal No.83 of 2015 (Ajay Arora & Ors. Vs. Luxmi Narayan Gupta & Anr.) whereby the application (79ga) filed by the petitioner seeking amendment in his objections to the release application, at the stage of appeal, have been rejected.
The amendment which was sought in the written statement was to the effect that the statutory notice as per the requirement in terms of the proviso to Section 21(1)(a) of the U.P. Act No.13 of 1972 had not been given to the petitioners.
The court below while considering the application of the petitioners has held that the ground with regard to non-service of notice was not raised before the court below, and as such the same could not be raised at the appellate stage. It has further been taken note of that the application before the prescribed authority was moved in the year 2004 and the defendantpetitioners had filed their objections on 06.09.2005, and no amendment application in this regard was ever moved before the court below.
Learned counsel for the petitioner has not been able to point out any material error or illegality in the order dated 30.01.2019 passed by the court below.
The petition is devoid of merits and is accordingly dismissed.
Order Date :- 12.4.2019 Shahroz
(Dr. Y.K. Srivastava,J.)
1 issue framed by the court
Whether an objection regarding non-service of statutory notice raised for the first time at the appellate stage can be allowed.
1 provisions across 1 enactments
Ajay Arora And 5 Others
Luxmi Narayan Gupta And Another
Yogendra Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
