Allahabad High Court
MOHAMMAD NAFISversusSMT. MANOO DEVI
- Decided
- Bench
- Y K SRIVASTAVA
Holding
The High Court directed the Rent Authority to conclude the pending rent proceedings within two months, in accordance with the statutory mandate, and disposed of the petition.
Summary
The petitioner, a landlord, filed a petition under Article 227 of the Constitution seeking a direction to the Civil Judge (Senior Division) in Kanpur to dispose of a pending rent case (No. 01 of 2012) within a stipulated period. The petitioner highlighted that the case, instituted on 10 January 2012, had been repeatedly adjourned, causing hardship. The Court noted Section 15(3) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Rules, 1972, which mandates that applications for release under Section 21(1) be decided within two months. The Court dispensed with issuing notice to the respondent and directed the Rent Authority to conclude the proceedings expeditiously, preferably within two months of the order, without unnecessary adjournments, subject to no legal impediment. The petition was consequently disposed of with the said direction.
Issues considered
- Whether the High Court can, under its supervisory jurisdiction under Article 227, direct a lower rent authority to decide a pending rent case within the time limit prescribed by statutory rules
- Whether the petition seeking such a direction is maintainable
Legislation cited
Subjects
- Article 227
- supervisory jurisdiction
- rent case
- procedural delay
- U.P. Urban Buildings Rules
- expeditious disposal
- statutory time limit
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 6230 of 2026
Mohammad Nafis
.....Petitioner(s)
Versus
Smt. Manoo Devi
.....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. 01 of 2012 (Mohammad Nafis vs. Smt. Manno Devi), 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 10.01.2012 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. 6230 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
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