Keshav Dutt Shukla vs Akhilesh Kumar Gupta
2015 Latest Caselaw 2853 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 30
 

 
Case :- WRIT - A No. - 56232 of 2015
 

 
Petitioner :- Keshav Dutt Shukla
 
Respondent :- Akhilesh Kumar Gupta
 
Counsel for Petitioner :- Sanjay Kumar Singh
 

 
Hon'ble Mrs. Sunita Agarwal,J.

Heard learned counsel for the petitioner.

An application for appointment of Advocate Commissioner was moved by the petitioner on 27.1.2014 with the prayer that alternative accommodation available to the landlord in the premises in question be inspected so as to determine the availability of the accommodation. It is further stated that the landlord had not disclosed in the release application regarding alternative accommodation. The application has been rejected by the Court below on the ground that the commission cannot be issued to collect evidence.

The averments made in the written statement as also in the affidavit filed by the petitioner regarding availability of alternative accommodation to the landlord can be seen at the time of taking decision in the release application. The instant application has been filed with a view to delay the proceedings. The reason given by the  Court  below in rejecting  the application are  sound  on the basis of material on record. No interference is required.

The writ petition is dismissed.

Order Date :- 1.10.2015

P.P.