Get stay from High Court.
How can a DM direct to give tenancy of land of some person to other person without his choice.
UP rent and eviction matter
I have a property which is vavant a advocate has filed application to ADM/DJ additional district magistrate/district judge for allotment of such land on tenency basis, ADM has accept his appilcation. I dont want to give my land to him on rental basis, i have file applea in high court for which hearing date is set month montn later. now my question is what is remedy available to me waht can i do to stop ADM from issuing possission order in favour of tenant tiill the date of hearing high court.
Asked 6 years ago in Civil Law
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ADM has issued order u/s16 of UP urban buidling(regaulation of letting, rent and eviction) Act 1972, and has fixed a rent, stay can not be taken as courts are closed and our hearing date is in july. Now if he issue order of possession in his favoure then we would be in trouble, and how we would get our land evicited then. Further till the high court hearing what options do we have ?
Asked 6 years ago
Vacation bench sits in high court, file for urgent hearing.
Till file review u/s 16 ( 5 ) of the act. this shall buy you some time.
File an application for stay in the pending case before the HC and request the court to grant an interim order at the earliest.
Regards
Courts are not closed for urgent matter.
In the application supported by an affidavit show an urgency as to why the matter should be taken up.
Vacation benches are holding the court on regular basis.
Regards
Sir file an affidavit before high court for early hearing and urgency the matter shall be taken up by the vacation bench and pray for stay pending the petition before the high court.
Further you can file a review with the DM with 7 days under 16 (5) from date of order of DM claiming that the building is not vacant you reside in the said building in case you file for review the DM wont give possession order before the review order is heard. Further in case stay is granted before high court peruse it before high court.
Inform ADM that appeal has been filed by you against said order before HC
2) ADM would not issue possession letter pending hearing and final disposal of appeal
You can file application fir stay before vacation bench of HC
HC woukd grant stay pending hearing and final disposal of appeal
At any time your apprehension becomes a reality and the ADM issues the order of possession, this being an urgent matter can be taken up by the vacation bench in the High Court.
urgent civil matters are heard by the vacation judge/bench during the vacations and they'll hear your case.
Facts of the case not clearly mentioned so that I cannot give opinion try to mention the facts in detail what is the relation between you and the advocate for filing the case against you
Since you have already approached high court with an appeal, you may have to wait for the decision or the outcome of the appeal.
Till then the ADM will not proceed with any further steps against your interest.
There is nothing you can do about it until the high court passes any order on the subject issue.
Even if the lower court passes any order against your interest the high court order if in your favor, shall supersede it.
You can file a review against the impugned order with the DM under 16 (5) of the UP Urban buildings (Regulation of letting, rent and eviction) Act 1972.
Alternatively, you can file application seeking stay in the proceedings in ADM court before the vacation bench of the hugh court who would hear your case, if you can show reasonable cause for such urgency to the court.
You can seek production in HC and then take stay fur for the proceedings before ADM till finalisation of the HC matter
