The Court exercised suo motu jurisdiction under Article 227 to issue directions for expeditious disposal of a pending appeal regarding tenanted premises in Meerut, mandating weekly hearings and a two-month timeframe.
Directed the Appellate Authority to hear and decide the appeal within two months with weekly hearing dates.
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Court No. - 70
Case :- MATTERS UNDER ARTICLE 227 No. - 7814 of 2021
Petitioner :- Raman Gupta And Another Respondent :- Vinod Kumar Gupta Counsel for Petitioner :- Vinayak Mithal,Shruti Taneja
Hon'ble J.J. Munir,J.
Heard Ms. Shruti Taneja, learned counsel for the petitioner through Videoconferencing.
In compliance with our orders dated 10.01.2022, the learned District Judge, Meerut has submitted a report dated 18.01.2022, which is a very succinct and facilitative report. We commend it. The material part of the report reads:
"1. All the civil cases fixed for arguments are taken up for hearing and the learned counsel can file written submissions.
2. If the counsel in a case wants to submit oral arguments, the concerned officer can seek permission from the District Judge to hear them in open Court by following protocol for Covid-19 protection or he may seek facility of virtual hearing, which is available in this Judgeship.
3. Directions of the Hon'ble High Court for hearing all type of cases are being strictly followed.
4. The concerned Court has been asked to complete the hearing in the concerned case by adopting any of the methods mentioned above without granting any unnecessary adjournments. As soon as the hearing would be complete, the concerned Court would pass judgment at the earliest."
Looking to the nature of the order that this Court proposes to pass, issue of notice to the private respondent is dispensed with. However, in case the said respondent feels aggrieved, it will be open to him to make an application in the decided petition.
In the circumstances of the case and considering the fact that the Appeal before the learned Additional District Judge, Court No. 4, Meerut arises from proceedings under Section 21 (1)(a) of U.P. Act No. 13 of 1972,
which are summary proceedings to secure release of a tenanted premises, it is ordered that the learned Additional District Judge/Appellate Authority shall now proceed with hearing of Misc. (P.A.) Appeal No. 119 of 2020, Vinod Kumar Gupta vs. Raman Gupta and another, in the manner that at least one date of effective hearing shall be fixed every week and the appeal shall be decided within two months next, in accordance with law, after hearing both parties. In hearing the appeal, the learned Additional District Judge shall adopt anyone of the modes indicated by the learned District Judge, Meerut in his report dated 18.01.2022, extracted hereinabove .
This writ petition is disposed of in terms of the aforesaid orders.
Let this order be communicated to the learned District Judge, Court No. 4, Meerut through the learned District Judge, Meerut and the learned District Judge, Meerut by the Registrar (Compliance) within 24 hours.
Order Date :- 27.1.2022 Deepak
1 issue framed by the court
Whether directions should be issued to expeditiously hear and dispose of an appeal arising from proceedings under Section 21(1)(a) of U.P. Act No. 13 of 1972.
Raman Gupta
Vinod Kumar Gupta
Munir
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
