Mahtab Miyan vs Mohammad Javed Khan
2022 Latest Caselaw 9564 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 5
 

 
Case :- WRIT - A No. - 11593 of 2022
 

 
Petitioner :- Mahtab Miyan
 
Respondent :- Mohammad Javed Khan
 
Counsel for Petitioner :- Fahd Iqbal
 

 
Hon'ble Salil Kumar Rai,J.

This is a tenant's petition challenging the judgment and order dated 02.05.2022 passed by the Prescribed Authority, Bareilly in Prescribed Authority Case No.19 of 2016, whereby the Prescribed Authority has deterred the decision on the preliminary objection raised by the petitioner that the case was not maintainable as the respondent was not the landlord of the suit property.

The Prescribed Authority has rejected the application on the ground that the said question can only be decided after evidence along with final hearing in the case. No final order has yet been passed regarding the relationship of the petitioner and the respondent/alleged landlord and whether the respondent/alleged landlord had any right to institute the Prescribed Authority Case under Section 21(1)(a) of the Act No.13 of 1972.

In view of the aforesaid, it is not a fit case for interference by this Court under Article 226 of the Constitution of India, at this stage. The writ petition is dismissed.

Order Date :- 6.8.2022

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