WPMS/636/2012
2021 Latest Caselaw 3112 UK

IN THE HIGH COURT OF UTTARAKHAND
                   AT NAINITAL
       ON THE 16TH DAY OF AUGUST, 2021
                        BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


     WRIT PETITION (M/S) No. 636 of 2012

BETWEEN:

Mohd. Sahzad & others.                        ...Petitioners
     (By Mr. P.S. Bisht, Advocate)

AND:
Arun Kumar Gupta.                             ...Respondent
     (By Mr. Bhupendra Singh, Advocate, holding brief of Mr.
     Nagesh Agarwal, Advocate)


                      JUDGMENT

This is tenants' petition under Article 227 of Constitution of India against the judgment & order dated 19.06.2010 passed by Prescribed Authority under U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 and also the judgment & order dated 03.04.2012 passed by Vth Additional District Judge, Haridwar.

2. Petitioners had lost in both the learned Courts below.

3. Learned counsel for the petitioners has made a statement that vacant possession of the premises in question was handed over to the respondent in the month of February, 2016.

4. Learned counsel for the respondent has endorsed the statement made by learned counsel for

the petitioners and he has produced in Court today an order dated 08.02.2016 passed by Prescribed Authority/Civil Judge (Senior Division), Roorkee, District Haridwar in support of his contention that the order passed by Prescribed Authority has been executed.

5. The order dated 08.02.2016 produced by learned counsel for the respondent is taken on record.

6. Since the vacant possession of the premises in question has been handed over to the respondent, therefore, nothing survives in the writ petition.

7. Accordingly, the writ petition is dismissed. Interim order, if any, stands vacated.

(MANOJ KUMAR TIWARI, J.) Arpan