RAJENDRA KUMAR VERMA (D) TH. LRS. versus ADDITIONAL DISTRICT MAGISTRATE (CIVIL SUPPLIES) & ORS.

RAJENDRA KUMAR VERMA (D) TH. LRS. versus ADDITIONAL DISTRICT MAGISTRATE (CIVIL SUPPLIES) & ORS.

District Magistrate is justified in invoking review jurisdiction under Section 16(5)(a) to reconsider orders concerning vacancy as the question of vacancy is foundational to subsequent release or allotment.

Parties
Appellant: Rajendra Kumar Verma (D) through LRs.; Respondents: Additional District Magistrate (Civil Supplies) & Ors.
Jurisdiction
India
Judgment Date
08 February 2018
Procedural Posture
Civil Appeal / Final Decision on Appeal
Outcome
Appeal disposed of
Legal Topics
Review Jurisdiction, Allotment and Release of Vacant Building, Vacancy Determination Under Rent Legislation
Landlord Tenant Administrative Law Review Jurisdiction Allotment and Release of Vacant Building Vacancy Determination Under Rent Legislation

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Parties

Rajendra Kumar Verma (D) through LRs.

Appellant

Additional District Magistrate (Civil Supplies) & Ors.

Respondents

Procedural Posture

Civil Appeal / Final Decision on Appeal

Legal Issues

  1. 1 Whether a review under Section 16(5)(a) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 in respect of an order regarding vacancy is maintainable

Ratio Decidendi

District Magistrate is justified in invoking review jurisdiction under Section 16(5)(a) to reconsider orders concerning vacancy as the question of vacancy is foundational to subsequent release or allotment.

Court Disposition

Appeal disposed of

Orders

  • Trial court to dispose of Suit No. 375 of 1981 expeditiously within six months.
  • Status quo regarding possession to continue until the suit is finally disposed of.