S.C. MUKHERJI Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS Review Petition has been directed against the order dated 30 -8 -1993 reported in, 1993 (2) ARC 460 (DB) passed by the Court. Shri R.N. Singh, Senior Advocate, appearing for the petitioner -applicant, contended that the direction given under the impugned order has no relevance to the present case in view of the provisions of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, (hereinafter referred to as 'the Act') inasmuch as the provisions of Section 21 of the Act do not apply to the accommodation in question.

(2.) THE accommodation in question is in the tenancy of the State Government and if, any accommodation is in the tenancy of the State Government, the provisions of Section 21 of the Act have no application to the same and, therefore, it is submitted by the learned Counsel for the petitioner that the petitioner has no alternative remedy to the reliefs sought for by him in this writ petition except to invoke the extra -ordinary jurisdiction of this Court under Article 226 of the Constitution and hence the direction issued by this Court under the impugned order is of no avail to the petitioner.

(3.) FOR the brevity of the case, it is necessary to reproduce the relevant provisions of sub -section (8) of Section 21: - -