SUSHIL KUMAR GARG v. STATE OF U.P. THRU. PRIN. SECY. LAW DEPTT. LKO. AND 2 OTHERS
CMRA/88/2025 · 2025-07-28
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 144969 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 144969 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Court No. - 7 Case :- CIVIL MISC REVIEW APPLICATION No. - 88 of 2025 Applicant :- Sushil Kumar Garg Opposite Party :- State Of U.P. Thru. Prin. Secy. Law Deptt. Lko. And 2 Others Counsel for Applicant :- Priyanka Singh Hon'ble Pankaj Bhatia,J.
1. Heard Ms. Priyanka Singh, learned counsel for the review- applicant and perused the material available on record.
2. The present application has been filed seeking review of the
order dated 06.05.2025, whereby the writ petition preferred by the applicant was dismissed.
3. Learned counsel for the applicant states that in the order sought to be impugned, in para 05, reference was made to Section 16 of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, it is argued that as, the said issue never arose, it was proper Court to have remanded the matter for leading evidence inter say in between the parties. The said contention made its rejection out rightly as, in terms of the mandate of the Act as evident from Section 13, no person is authorized to occupy a building which has fallen vacant unless there is an order of release in favour of the landlord, as prescribed under Section 16(1)(b) of the Act of 1972 or an order of allotment, as prescribed under Section 16(1)(a) of the Act of
1972.
4. Admittedly, the petitioner is in possession since the year 2012, the stand taken by the petitioner before the trial court was that the rent was tendered in cash, however, both the Courts recorded findings that no evidence was led to establish that any rent was paid, as there was no allotment order in favour of the petitioner nor does it exist today or has been filed along with application. Considering all the facts and circumstances of the said case, no good ground for review are made out.
5. The petition is accordingly dismissed.
6. As, no undertaking has been given in terms of the directions contained in para no. 08 of the order dated 06.05.2025, the JCC Court is directed to execute the decree within a period of one month and to report this Court through the Senior Registrar. The Senior Registrar shall send a copy of this order to JCC Court concerned for execution and for reporting, as directed above.
Order Date :- 28.7.2025/Praveen Digitally signed by :- PRAVEEN KUMAR High Court of Judicature at Allahabad, Lucknow Bench