IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (M/S) No. 93 of 2007 Smt. Laxmi Devi W/O Shri Kailash Chand Gupta, R/O 412/5, Pachhami Ambar Talab Roorkee, District Haridwar. … Petitioner. Versus Sukhpal Singh S/O Shri Sate Singh, Shopkeeper, Shop No. 50(2) Mohalla Pachhami Rajputana, Roorkee, District Haridwar. … Respondent. Sri Lok Pal Singh, Advocate, learned counsel for the petitioner. Sri Dharmendra Barthwal, Advocate, learned counsel for the respondent. Date December 22, 2009. Hon’ble B.S.Verma, J. Heard learned counsel for the parties and perused the record. By means of this writ petition, the petitioner has sought a writ in the nature of certiorari quashing the impugned orders dated 28-5-2004 passed by the Prescribed Authority Roorkee and the order dated 7-11-2006 passed by the District Judge Haridwar (Annexure Nos. 15 and 16 to the petition). By the order dated 28-5-2004, the Prescribed Authority has dismissed the release application moved by the landlady under Section 21(1)(a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (for short the Act). By the order dated 7-11-2006, the appeal preferred against the order dated 28-5-2004 has been dismissed by the appellate court. Relevant facts giving rise to the present writ petition in brief are that the petitioner moved an application under Section 21(1)(a) of the Act for release of the shop in question on the ground of bona fide requirement of her husband. The release application was contested by the respondent-tenant. The Prescribed Authority has ultimately rejected the release application of the petitioner by order dated 28-5-2004. 2 Aggrieved by the said order, the petitioner preferred an appeal bearing Rent Control Appeal No. 38 of 2004 before the District Judge, Haridwar. The learned District Judge has dismissed the appeal as not maintainable, by his order dated 7-11-2006, on the ground that since the compliance of Rules 15(2) of the Rules framed under the Act has not been made and the affidavit in support of the release application as required under Order VI, Rule 15(4) of the C.P.C. has not been filed by the applicant-petitioner. Sub-rule (4) of Rule 15 of Order 6 of the C.P.C. provides that “the person verifying the pleading shall also furnish an affidavit in support of his pleadings.” The learned District Judge Haridwar has held that no such affidavit has been filed by the applicant before the Prescribed Authority. The approach of the District Judge does not appear to be justified. I have perused the order dated 28-5-2004 passed by the Prescribed Authority. In the last paragraph of the judgment, the learned Prescribed Authority has given a finding that an affidavit has been filed after close of arguments in the case by the applicant. The learned District Judge has given a perverse finding that no such affidavit was filed before the Prescribed and no reason was assigned why the affidavit was not filed, while the finding of the Prescribed Authority itself indicates that affidavit has been filed by the petitioner-applicant before Prescribed Authority. The filing of affidavit is a curable defect and on this ground the release application cannot be thrown out. The learned District Judge has committed a manifest error of law in dismissing the appeal on this ground alone. The order dated 7-11-2006 passed in appeal cannot be sustained in the eye of law. Consequently, the writ petition is liable to be allowed outright. 3 The writ petition is allowed. The impugned order dated 7-11-2006 passed by the District Judge Haridwar in Rent Control Appeal No. 38 of 2004, Smt. Laxmi Devi Vs. Sukhpal Singh is hereby set aside. The matter is remanded to the appellate court. The District Judge is directed to decide the appeal afresh on merits after hearing both the parties expeditiously, preferably within a period of six months from the date of appearance of the parties before appellate court. Both the parties shall co-operate with the court concerned in speedy decision of the appeal. Both the parties shall appear before the District Judge Haridwar, on 6-01-2010. ( B.S.Verma, J.) RCP 4