Laxml Narayan Jain v. Aoolicant

Instant revision, fijed under iction Accommodation Control Act, 1961 •E) the C.G. 'the Act'), assaiis the legality and propriety of the eviction er dated 8.8.2011 passed by Rent Controlling Auhority/SDO (R), Rac iarh in Revenue Case No.06A- 30(1 )/10-11.

Respondent had Ti!ed application under Section 23(J) of the Act for evicfion of the applicant.

From perusa! of the order sheet of Rent Controliing Authority, it appears, after flling the repiy' of eviction petition Tiied by the respond'ent under Section 23(J) of the Act, appllcant has also fiied appllcation on 29.7.2001 to t'ne effect that the suit premises has been demoiished in Gourav Path Nirman Abhiyan and, therefore, matter may be closed. RCA ciosed the case for orders. instead of passlng the-order on the appilcant's appiication dated 29.7.2001, \ had passed the order of eviction on merits without roil owing the prescribed procedure una'er the provssions of the Act. RCA is not authorized to pass any eviction order without adhering to the provislons of the Act.

The mannsr In whlch the Rent Controliing Authority has heard

and disposed of the eviction petition is dehors the provisions contained in Chapter ill-A of the Act and, therefore, the order impugned is being not sustainabie in iaw desen/es to be set aside.

As a result, the revision is allowed. Order impugned dated

8.8-2011 is set aside. The matter is remanded back to the RCA to pass the order in the case in accordance with law. The parties are directed to appear before the court belovi/ on

10.01.2012.

Let record of t.he RCA be sent back forthwith. There shall be no order as to costs. Sd/- N.K.ASaTa1 ]udge