High Courts(2011) 12 AHC CK 0264

Bata India Limited vs Prescribed Authority, Jhansi and others

Allahabad High Court · Decided on 9 December 2011

HON’BLE JUDGES
Dilip Gupta, J
RESULT
Dismissed
CASE NUMBER
Writ A. No. 70978 of 2011

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Judgment

4 paragraphs · 234 words

Dilip Gupta, J.—The tenant has filed this petition for quashing the order dated 22nd October, 2011 passed by the Prescribed Authority by which the application filed by the tenant for rejecting the application filed by the landlord under section 21 (1) (a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the ''Act'') on the ground that the rate of rent mentioned in the application is not Rs. 1,080/ but Rs. 5,000/(as was claimed by the landlord in the earlier Suit filed against the petitioner has been rejected). Sri A.N. Bhargava, learned Senior Counsel appearing for the respondents submits that as the application filed under section 21 (1) (a) of the Act is still pending disposal, the Court should not interfere at this stage.

2.

I have considered the submissions advanced by learned Counsel for the parties.

3.

Only the interlocutory application that has been filed by the tenant has been rejected by the Prescribed Authority. The application filed under section 21 (1) (a) of the Act is yet to be decided on merits. It will, therefore, not be appropriate for the Court to interfere with the matter at this stage.

4.

The writ petition is, accordingly, dismissed with liberty to the petitioner to challenge the impugned order before the appropriate Forum in the event the application filed by the landlord is decided against the petitioner.