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2013 Supreme(All) 363

SUDHIR AGARWAL
BASIC SHIKSHA PARISHAD U. P. ALLAHABAD – Appellant
Versus
ADITYA KISHOR AND PRABHAT KUMAR (DECEASED) – Respondent


Advocates:
Counsel :
J.N. Maurya for the Petitioners; R.K. Mishra for the Respondents.

JUDGMENT

Hon’ble Sudhir Agarwal, J.—Heard Sri J.N. Maurya, Advocate, for petitioner and Sri R.K. Mishra, Advocate, for respondent No. 4, Sri Dinesh Singh.

2. This writ petition is a glaring example of negligence and lethargy on the part of a statutory body and officials not only in the matter of managing the affairs of the Department, but also in legal matters.

3. House No. 11/510, Sooterganj, Kanpur Nagar was on rent with petitioners. They were running a primary school since 1948. The rent admitted between the parties was 72.50 per month including water tax and sewage tax. The area of accommodation in question is 186.63 sq. meter which includes constructed area of 138.9 sq. meter.

4. Landlord, namely, Aditya Kishor and others, instituted proceedings for enhancement of rent under Section 21 (8) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as “Act, 1972”) by filing an application which was registered as Case No. 84 of 1995 before City Magistrate/ Rent Control and Eviction Officer, Kanpur Nagar (hereinafter referred to as “RCEO”). RCEO rejected the said application by order dated 12.8.1998 on the ground that landlord has not giv























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