Unknown vs Shyam Sunder Katariya
2021 Latest Caselaw 1402 UK

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                                       WPMS No.850 of 2021
                                       Hon'ble Sharad Kumar Sharma, J.

Mr. Rajat Mittal, Advocate for the petitioners.

The petitioners before this Court are the landlord, they had initiated the proceedings under Section 21(1)(a) of Act No.13 of 1972, by way of Case No.14 of 2018, Sumit Grover & another vs. Shyam Sunder Katariya, and his release application of tenement was allowed by the judgment of the prescribed authority dated 18.12.2019, being aggrieved against which respondent/tenant has preferred an appeal under Section 22 of the Act, being Rent Control Appeal No.05 of 2020, Shyam Sunder Katariya vs. Sunil Grover & another, which is presently pending consideration before the court of 4th Additional District Judge, Dehradun.

The petitioner has contended in the writ petition, that there is a legislative mandate as contained under Sub Rule 7 of Rule 7 of Rules framed under Act No.13 of 1972; that the appeal itself is to be decided within the specified time frame therein. Subject to the conditions, which the High Court may impose over the proceedings before subordinate courts, on account of the Pandemic situation prevailing while imposing the restriction on the proceedings to be conducted by the courts below. This writ petition is being disposed of, with the direction that the appellate court, will make all efforts to decide the rent control appeal itself within the time period as provided under Sub Rule 7 of Rule 7 of the Act.

Accordingly, the writ petition stands disposed of.

(Sharad Kumar Sharma, J.) 08.04.2021 Arti