2003 (1) TMI 767

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....ection 16(1)(b) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as "the Act"), the Rent Control and Eviction Officer declared vacancy in respect of the suit premises on 6-11-2000. Against the order declaring vacancy, the respondent filed a writ petition which came to be dismissed on 16-11-2000. Against the order of dismissal, the r....

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....: "In view of Rameshwar Dayal Sagar v. District Judge Kanpur Nagar Kanpur Nagar (1992) 1 APC 457 the revision is not maintainable. In the said citation it is observed that the order declaring the vacancy has become final insofar as the petitioner is concerned and it cannot be agitated now in these proceedings. In these circumstances the petitioner cannot be treated to be a person aggrieved by th....

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....d order, hold that as the review is pending, it should be allowed to take its natural course. In our view, this reasoning cannot be sustained. Once a party decides to challenge an order before a higher forum and his appeal or revision is dismissed by the higher forum on merits, then no question arises for filing a review of the order which has been affirmed by the higher forum. Once the respondent....

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....ugned order does not suffer from any illegality or infirmity. This shows that the revision has been dismissed on merits also. The revision having been dismissed on merits, the review is clearly not maintainable. 8. Reliance has been placed upon a judgment of this Court in Achal Misra v. Rama Shanker Singh (2000) 6 SCC 694. In this case a question whether or not a declaration of vacancy can be agi....