ABHI SHARMA Vs. RAJ KUMAR CHAUHAN

JUDGEMENT

(1.) Petitioners are tenants, who are facing proceedings for release of shops under Sec. 21(1)(a) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (in short "Act No. 13 of 1972"). They are aggrieved by orders dated 15. 10.2018 and 2/12/2021 passed by Prescribed Authority.

(2.) Since common questions of fact and law are involved in all these petitions, therefore, these petitions are clubbed together and decided by this common judgment. However, for the sake of brevity, facts of WPMS No. 188 of 2022 are being considered.

(3.) Petitioners are challenging the orders dtd. 15/10/2018 and 2/12/2021 passed by Prescribed Authority/Civil Judge (J.D.), Haldwani, District Nainital. By the first order dtd. 15/10/2018, petitioner's opportunity of hearing and also opportunity to file written statement was closed due to their non-appearance on the date fixed. Petitioners sought recall of the said order, however, their application was rejected vide order dtd. 2/12/2021 by holding that despite several opportunities, petitioners have not filed their written statement, although they have filed successive applications seeking time to file written statement and there is direction by High Court to decide the case within time stipulated in Rule 15(3) of the relevant Rules.