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1998 Supreme(SC) 641

SUPREME COURT OF INDIA
Mrs. SUJATA V. MANOHAR AND G.B. PATTANAIK, JJ.
Sheela Devi, Appellant
Versus
Jaspal Singh, Respondent.
Civil Appeal No. 3236 of 1998 (arising out of S. L. P. (C.) No. 17936 of 1997), D/- 13-7-1998.

The importance of availing the alternate remedy of revision before seeking relief through a writ petition.

Headnote:

Revision - U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 - The court set aside the order of the High Court and directed the respondent to avail of the alternate remedy of revision under Section 18 of the Act.

Fact of the Case:

The respondent filed a writ petition before the High Court without availing the remedy of revision under Section 18 of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972.

Finding of the Court:

The High Court's order was set aside, and the respondent was directed to avail of the alternate remedy of revision.

Issues: Failure to avail of the remedy of revision under Section 18 of the Act, re-examination of facts by the High Court.

Ratio Decidendi: The respondent should have availed of the alternate remedy of revision under Section 18 of the Act before filing a writ petition before the High Court.

Final Decision: The appeal is disposed of accordingly, and the respondent is directed to avail of the alternate remedy of revision if desired.

JUDGMENT :- Leave granted.

2. No reason has been given by the respondent for not availing of the remedy of revision under Section 18 of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. The respondent straightway filed a writ petition before the High Court where the High Court had re-examined the facts. The impugned 2860 order of the High Court is set aside. The respondent will be at liberty to avail of the alternate remedy of revision, if he so desires.

3. The appeal is disposed of accordingly.

Order accordingly

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