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W.P.No.4658/10
Israr Pasha Maqbool Ahmed & another
20.8.2010
Shri Riaz Mohammad, Counsel for petitioner.
Shri Rajendra Gupta, Counsel for respondent No.1.
This petition is directed against an order dated 18.3.2010 by the
RCA, Bhopal, by which an application filed by respondent Maqbool
Ahmed seeking amendment in the application Annexure P/1 was
allowed.
This order has been assailed by the petitioner on the ground that
earlier application Annexure P/1 was only in respect of possession and
recovery of the rent but now the respondent wants to amend the
application by inserting his necessity. It is submitted that the entire
nature of the application has been changed by allowing amendment
application.
Shri Gupta, counsel appearing for respondent/landlord at the
outset submitted that he may be permitted to withdraw entire
proceedings before the Rent Controlling Authority, Bhopal with liberty to
file fresh duly constituted application before the Rent Controlling
Authority, Bhopal for eviction against the petitioner under Chapter III-A
of the M.P. Accommodation Control Act, 1961 in the prescribed
proforma.
Prayer made by the respondent is not opposed by Shri Riaz
Mohammad.
In view of aforesaid, respondent No.1 is permitted to withdraw
the entire proceedings before the Rent Controlling Authority, Bhopal
with liberty to file a duly constituted application under Chapter III-A of
the M.P. Accommodation Control Act, 1961.
Accordingly, this petition is disposed of finally with aforesaid
directions.
No order as to costs.
(Krishn Kumar Lahoti) (J.K.Maheshwari)
C. Judge Judge
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W.P.No.4658/10
Israr Pasha Maqbool Ahmed & another
20.8.2010