WPMS/2991/2013 of Smt. Shanta Bisht AND ANOTHER Vs Mohan Lal Sah on 31 December 2013

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

Writ Petition (MS) No. 2991 of 2013

Smt. Shanta Bisht & another. ……….. Petitioners

Versus

Mohan Lal Sah. ………… Respondent.

Mr. B.D. Pande, Advocate for the petitioners.

Hon’ble B.S. Verma, J.

This writ petition has been filed by the petitioners seeking a direction to the IInd Additional District Judge, Nainital, to decide Rent Control Appeal No. 4 of 2012, Mohan Lal Sah vs. Smt. Shanta Bisht & another, as expeditiously as possible.

2. Petitioners, being landlords of a shop, filed an Application for release of the said shop under Section 21(1)(a) of the UP Act No. 13 of 1972 against the respondent, who is tenant in the said shop, before the Prescribed Authority. The said Release Application was allowed, against which, respondent / tenant preferred an appeal, which was registered as Rent Control Appeal No. 4 of 2012. It is stated by the learned counsel for the petitioners that the said appeal is pending since two years and petitioner No. 1 is a senior citizen.

3. Considering the facts that the said appeal is pending since two years and petitioner No. 1 is a senior citizen, I dispose of this writ petition by directing the IInd Additional District Judge, Nainital, to conclude the proceedings in Rent Control Appeal No. 4 of 2012, Mohan Lal Sah vs. Smt. Shanta Bisht & another, as expeditiously as possible and, preferably, within a period of one year from the date of production of a certified copy of this order.

(B.S. Verma, J.) 31.12.2013