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1985 Supreme(SC) 97

D.P.MADAN, V.BALAKRISHNA ERADI, V.D.TULZAPURKAR
Ganpat Roy: Kaushal Rekhi – Appellant
Versus
Additional District Magistrate: Authorised Officer, Ranikhet – Respondent


Advocates:
Ali Ahmad, ANVAR AHMED, E.C.AGARWAL, HALIDA KHATUN, R.B.MAHATO, R.K.JAIN, R.P.SINGH PAL, S.N.KACKAR, SHANTI BHUSHAN, SOLI J.SORABJI

Judgment

MADON, J. :- The Appellants in each of the above two Appeals by Special Leave granted by this Court filed in the High Court of Allahabad a writ petition under Art. 226 of the Constitution challenging an order notifying a deemed vacancy under sub-sec. (2) of S. 12 of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (U. P. Act No. 13 of 1972). This Act will hereinafter be referred to in short as "the Act". The High Court dismissed both these petitions holding that they were premature. In coming to this conclusion the High Court relied upon a judgment of a two-Judge Bench of this Court in Trilok Singh & Co. v. District Magistrate, Lucknow, (1976) 3 SCR 942. The said decision of this Court was given prior to the amendment of the Act by the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) (Amendment) Act, 1976 (U. P. Act No. 28 of 1976) (hereinafter in short referred to as "the 1976 Amendment Act"). The 1976 Amendment Act came into force on July 5, 1976.

2. It is unnecessary for the purpose of deciding these Appeals to set out the facts in great detail. The subject-matter of Civil Appeal No. 8552 of 1983 is a shop bearing Muni








































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