LAWS(SC)-2018-2-123

RAJENDRA KUMAR VERMA Vs. ADDITIONAL DISTRICT MAGISTRATE

Decided On February 08, 2018
RAJENDRA KUMAR VERMA Appellant
V/S
ADDITIONAL DISTRICT MAGISTRATE Respondents

JUDGEMENT

(1.) Whether a Review under Section 16(5)(a) of The Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (in short, "the Act") in respect of an order regarding vacancy is maintainable, is the only question of law arising for consideration in this case. Section 16(5)(a) reads as under :-

(2.) Sh. S. R. Singh, learned senior counsel appearing for the appellants, submits that the only order that is open to review is an order passed under Section 16(1)(a) or (b) either for release or for allotment, since those are the only two contingencies dealt with under Section 16(1). Section 16 reads as follows :-

(3.) Sh. Ranjit Kumar, learned senior counsel appearing for the party-respondents, points out that the District Magistrate, if passes a wrong order regarding a vacancy, the same is always open to review, being only statutory remedy.