The High Court allowed the writer's petition to be withdrawn as infructuous on the ground that the petitioner had been evicted from the premises and the cause of action had ceased to survive.
Writer's petition allowed to be withdrawn as infructuous; liberty granted to file an application for modification or recall if cause of action survives.
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| SL. No |
Date | Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures |
COURT’S OR JUDGES’S ORDERS |
|---|---|---|---|
| WPMS No. 2076 of 2012 Shri Sanjaya Kumar Mishra, J. Shri Rajendra Dobhal, Sr. Advocate assisted by Shri G.D. Joshi, Advocate for the petitioner. None appears on behalf of the respondents. In this petition, the order passed by the Prescribed Authority under the U.P. Urban Building (Regulation of Letting, Rent and Eviction) Act, 1972 is challenged by the petitioner. It is submitted by learned counsel for the petitioner that petitioner is not in contact with him for the last 6-7 years. He further submits that eviction order has been passed by the Authorities under the Act and there is no stay order in favour of the petitioner. In all probabilities, the petitioner has been evicted from the premises, in question and this petition has become infructuous. In that view of the matter, writ petition is allowed to be withdrawn as infructuous. However, in future, if it is brought to the notice of the petitioner’s counsel that cause of action still survives, then he shall be at liberty to file an application for modification or recall of this order. Urgent certified copy of this order be provided to the counsel for the parties, as per Rules. (S.K. Mishra, J.) 11.11.2021 SKS |
Shri Sanjaya Kumar Mishra
The Prescribed Authority under the U.P. Urban Building (Regulation of Letting, Rent and Eviction) Act, 1972
Sanjaya Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
