Court No. - 7 Case :- WRIT - A No. - 4575 of 2010 Petitioner :- Quaishar Jahan Respondent :- Syed Raisul Hasan & Others Petitioner Counsel :- Jayant Kumar Hon'ble Ran Vijai Singh,J.
This writ petition has been filed for issuing a writ of certiorari quashing
impugned order dated 29.10.09 passed by the Prescribed Authority/A.C.M.M.
Kanpur Nagar/II Additional Civil Judge, (S.D.), Kanpur Nagar, by which
petitioner’s application for appointment of Commissioner has been rejected.
Sri Jayant Kumar learned counsel for the petitioner while assailing impugned
order submitted before the Court that the court below has erred in rejecting
the petitioner’s application whereas purpose of spot inspection through the
Commissioner was essential in the interest of justice as during the pendency
of release application , the land lord has expanded his residential
accommodation by breaking a wall of adjacent shop and his need in fact has
vanished.
I have heared learned counsel for the petitioner and perused the record.
Learned Judge while rejecting the application has noted that the case is at the
final stage and the present application has been filed with a view to linger the
proceedings of the release application . It has not been indicated as to when
tenant has come to know about the latest development and what is the date of
breaking of a wall with the purpose to include it in the residential portion, I
do not find it a fit case to interfere with the proceeding at this stage under
Article 226 of Constitution of India.
The writ petition is dismissed.
However, it will be open to the petitioner to raise this point in case release
application is allowed in the Appeal.
Order Date :- 1.2.2010
VKM