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Judgment
S.P. Mehrotra, J.—This writ petition has been filed by the petitioner under Article 226 of the Constitution of India, inter alia, praying for quashing the order dated 1992003 (Annexure 5 to the writ petition) passed by the learned Additional District Judge, Court No. 4, Mathura on an application (Paper No. 40 Ga) filed in Misc. Civil Appeal No. 68 of 1995.
The dispute relates to a portion of Flora Hall Building No. 1130, MohallaKajipura, Mathura. The said portion has hereinafter been referred to as �the disputed portion.�
From a perusal of the averments made in the writ petition and the Annexures thereto, it appears that the landlords filed an application under Section 21 (8) of the U.P. Act No. XIII of 1972 (in short �the Act�) against the petitioner and others for enhancement of rent in respect of the disputed portion.
It further appears that by the order dated 1731992, the Rent Control and Eviction Officer, Mathura decided the said application under Section 21 (8) of the Act.
Thereupon, it appears that two appeals, namely, Misc. Civil Appeal No. 53 of 1992 and Misc. Civil Appeal No. 47 of 1992 were filed.
It further appears that by the order dated 1981993 passed by the learned 4th Additional District Judge, Mathura the said appeals were decided, and the authority below was directed to determine the valuation of the disputed portion on the basis of market value after giving reasonable opportunity to the State Government to give evidence, and thereafter, determine the rent accordingly.
It further appears that thereafter, the Rent Control and Eviction Officer, Mathura by the order dated 181995 (Annexure 1 to the writ petition), again decided the said application under Section 21 (8) of the Act.
It further appears that against the said order dated 1081995 (Annexure 1 to the writ petition), an appeal under Section 22 of the Act has been filed by the petitioner and others. The said appeal has been registered as Misc. Civil Appeal No. 68 of 1995, and the same is pending.
It further appears that during the pendency of the said Misc. Civil Appeal No. 68 of 1995, an application dated 1922003 (Paper No. 40 Ga) was filed on behalf of the petitioner and others (appellants in the said Misc. Civil Appeal No. 68 of 1995). It was, inter alia prayed in the said application that the respondent in the said Misc. Civil Appeal No. 68 of 1995 be directed to file in Court, the sale deed, either in original or copy thereof, in respect of the property in question. Copy of the said application dated 1922003 (Paper No. 40 Ga) has been filed as Annexure 3 to the writ petition.
Objections were filed by the landlords against the said application dated1922003 (Paper No. 40 Ga). Copy of the said objections, has been filed as Annexure 4 to the writ petition.
By the order dated 1992003 passed by the learned Additional District Judge, Court No. 4, Mathura the said application dated 1922003 (Paper No. 40 Ga) filed on behalf of the petitioner and others (appellants in the said Misc. Civil Appeal No. 68 of 1995) has been rejected. Copy of the said order dated 1992003 has been filed as Annexure 5 to the writ petition.
Thereafter, the petitioner has filed the present writ petition seeking the reliefs mentioned above.
I have heard Shri P.R. Maurya, learned Counsel for the petitioner, and perused the record.
From the facts narrated above, it is evident that the impugned order dated 1992003 (Annexure 5 to the writ petition) is an interlocutory order passed during the pendency of the said Misc. Civil Appeal No. 68 of 1995. It will be open to the petitioner to challenge the said order dated 1992003 in case the said Misc. Civil Appeal No. 68 of 1995 is ultimately decided against the petitioner, and the petitioner challenges such final decision before this Court.
Therefore, without going into the merits of the impugned order dated 1992003, I am of the opinion that no interference is called for with the said order at this stage.
In view of the aforesaid discussion, the writ petition is dismissed subject to the observations made above.