Allahabad High Court
MOHAMMAD NAFISversusSMT KAMALA DEVI DIED AND ANOTHER
- Decided
- Bench
- Y K SRIVASTAVA
Holding
The High Court directed the Rent Authority to decide the pending rent case within two months, emphasizing compliance with the statutory time‑limit.
Summary
The petitioner, a landlord, filed a petition under Article 227 seeking a direction to the Civil Judge (Senior Division) in Kanpur Nagar to decide a pending rent case (Rent Case No. 09 of 2012) within a stipulated period. The petitioner alleged undue hardship due to repeated adjournments since the case was instituted on 11‑01‑2012. The Court noted Section 15(3) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Rules, 1972, which mandates disposal of applications under Section 21(1) within two months. The Court dispensed with notice to the respondents and disposed of the petition, directing the Rent Authority to conclude the proceedings within two months of the order, without unnecessary adjournments. The direction was issued to ensure compliance with the statutory time‑limit and to prevent further delay.
Issues considered
- Whether the High Court, exercising its supervisory jurisdiction under Article 227, can direct the Rent Authority to decide a pending rent case within a specific time frame.
- Whether the delay in disposal of the rent case violates the statutory mandate of Section 15(3) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Rules, 1972.
Legislation cited
Subjects
- Article 227
- supervisory jurisdiction
- rent case
- delay in disposal
- statutory time limit
- U.P. Urban Buildings Act
- Section 21
- Section 15(3)
- expeditious disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 6229 of 2026
Mohammad Nafis
.....Petitioner(s)
Versus
Smt Kamala Devi Died And Another
.....Respondent(s)
Counsel for Petitioner(s) : Ayush Kumar Srivastava, Nagendra
Kumar Srivastava
Counsel for Respondent(s) :
Court No. - 35
HON'BLE DR. YOGENDRA KUMAR SRIVASTAVA, J.
Heard Sri Ayush Kumar Srivastava, learned counsel for the petitioner.
The present petition has been filed seeking a direction to the Prescribed
Authority/Civil Judge (Senior Division), Kanpur Nagar to decide the Rent
Case No. 09 of 2012 (Mohammad Nafis vs. Kamala Devi (died)), under
Section 21(1)(a) of the U.P. Act No. 13 of 1972, within a stipulated time
period.
The petitioner has described himself to be the landlord, applicant in the
pending case.
Counsel for the petitioner has referred to the 'order sheet' of the case, a
copy whereof has been appended to the petition to point out that the
proceeding was instituted on 11.01.2012 and thereafter although several
dates have been fixed but for some reason or the other, the case has been
adjourned and the delay in disposal of the case is causing undue hardship
to the petitioner.
Attention of the Court has been drawn to Section 15(3) of the U.P. Urban
Buildings (Regulation of Letting, Rent and Eviction) Rules, 1972 wherein
it is provided that every application for release under Section 21(1) shall,
as far as possible, be decided within two months from the date of its
presentation.
Accordingly, a prayer is made for a direction to conclude the proceedings
at an early date.
A227 No. 6229 of 2026
2
In view of the order proposed to be passed, issuance of notice to the
respondent is dispensed with.
Having regard to the aforesaid facts and circumstances, the present
petition is disposed of with an observation that the Rent Authority would
make an endeavor to conclude the proceedings of the case, which is stated
to be pending before it, expeditiously preferably within a period of two
months, from the date of presentation of a certified copy of this order,
keeping in mind the statutory mandate, without granting any unnecessary
adjournments to either of the parties, provided there is no other legal
impediment.
(Dr. Yogendra Kumar Srivastava,J.)
May 5, 2026
Imroz
Digitally signed by :-
MOHAMMAD IMROZ KHAN
High Court of Judicature at Allahabad
Checking your session…