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    State Of U.P.Thru Collector, Saharanpur & Another v. A.D.J.Court No.2 Saharanpur & Others

    Sudhir Agarwal, J.—

    Heard learned Standing Counsel for the petitioner, Sri Pankaj Agarwal, learned counsel for the respondents and perused the record.

    2. By means of impugned order dated 3.9.1997, Rent Control & Eviction Officer, Saharanpur has determined? rent of accommodation in question under Section 21 (8) of Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as "Act, 1972") at Rs.1159/- per month. The area of property is about 465 sq. yard which included 2279.54 sq. ft. covered area and 1906.42 sq.ft. as open area. The aforesaid order dated 3.9.1997 has also been confirmed in appeal vide order dated 7.2.2003 by Additional District Judge, Court No.2, Saharanpur.

    3. The Trial Court has considered valuation in the light of report submitted by Executive Engineer, Provincial Public Works Department, which is a Government Department itself. Learned Standing Counsel could not show any apparent error therein for interference. It is not disputed that huge area in tenancy is situated in prime location of city Saharanpur. In the circumstances, I find no reason to interfere with the impugned order.

    4. The writ petition is therefore dismissed with cost, which I quantify to Rs. 10,0007-.

    5. Interim order, if any, stands vacated.

    Petition dismissed.

    _____________

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    State Of U.P.Thru Collector, Saharanpur & Another v. A.D.J.Court No.2 Saharanpur & Others
    (Nov 6, 2012)