WPMS/2355/2021
2021 Latest Caselaw 4502 UK

     IN THE HIGH COURT OF UTTARAKHAND
                           AT NAINITAL
        ON THE 11TH DAY OF NOVEMBER, 2021
                                BEFORE:
     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI

         Writ Petition (M/S) No. 2355 of 2021

Shri Alokesh Shah                                               ...Petitioner
(By Mr. Parikshit Saini, Advocate)
AND:

Secretary, Department of
Food and others                                         ...Respondents
(Mr. T.S. Phartiyal, Additional Chief Standing Counsel for the State)

                              JUDGMENT

Part of the building owned by the petitioner has been let out to District Supply Office and District Supply Officer (Respondent No.3) also resides in another part of the building.

2. By means of this writ petition, petitioner has sought the following reliefs:-

"1. Issue a writ, order or direction in the nature of mandamus directing the respondent No.3 to vacate the Eaton House, Tallital, Nainital building premises since it is in a dangerous and dilapidated condition posing a serious threat to life and property, and

2. Issue a writ, order or direction in the nature of mandamus directing the Respondents no. 1 & 2 to make available an office space for DSO Office to be shifted elsewhere."

3. Thus, petitioner wants vacant possession of the building in question by filing this writ petition. It has come on record that his application filed under Section 16 (1) (a) of U.P. Urban Building Regulation of Letting Rent and Eviction Act, 1972 seeking release of the premises

in question is pending before the Competent Authority

4. Landlord-tenant dispute cannot be resolved in a writ petition filed under Article 226 of the Constitution of India.

5. Learned counsel for the petitioner submits that the building is in dilapidated condition, which may collapse any time. If that is so, it is open for the petitioner to approach the Competent Authority under the relevant statute, but it cannot be sufficient ground for seeking eviction of a tenant.

6. In such view of the matter, the writ petition is dismissed.

(MANOJ KUMAR TIWARI, J.) Shubham