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2008 Supreme(All) 290

B.S.CHAUHAN, ARUN TANDON
AJAY PAL SINGH – Appellant
Versus
DISTRICT JUDGE, MEERUT – Respondent


Advocates:
Counsel :
S.N. Yadav for the Petitioner; S.C. for the Respondents.

JUDGMENT

By the Court.—Following questions have been referred by the Hon’ble Single Judge to the Larger Bench under his judgment and order dated 9.9.2003 passed in Writ Petition No. 37767 of 2003 :

“(1) Whether in case a landlord lets a building/accommodation covered under the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (U.P. Act No. XIII of 1972) to a person without allotment order, and the building/accommodation is declared vacant on account of such letting, the landlord is deprived of seeking release of such building/accommodation under Section 16(1)(b) of the said Act?

(2) Whether the release application filed by such a landlord under Section 16(1)(b) of the said Act is liable to be ignored, and the release order passed on such application is void and cannot be given effect to ?

(3) Whether the High Court in exercise of its writ jurisdiction under Article 226 of the Constitution of India can deprive such a landlord of his right to seek release of the aforesaid building/accommodation under Section 16(1)(b) by issuing declaration declaring the release order in favour of such a landlord as void, and directing the District Magistrate/Delegated Authority no






















































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