IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 729 of 2010 (M/S) Pramod Kumar Agarwal ………..Petitioner Versus Hindustan Petroleum Corporation Limited …….Respondent Shri Bharat Tewari, learned counsel for the petitioner. Shri Dinesh Gahatori, learned counsel for the respondent. Dated: 18 May, 2010 Hon’ble V.K. Bist, J. Heard learned counsel for the parties. The only prayer in the writ petition is for a direction to the learned Rent Control and Eviction Officer/Sub-Divisional Magistrate, Kashipur, District Udham Singh Nagar to decide the Rent Control Case no.1 of 2008, “Pramod Kumar Vs. Hindustan Petroleum” expeditously. Brief facts of the case are that the petitioner is the owner of the property situated at Ramnagar Moradabad Road, Kashipur, District Udham Singh Nagar. The petitioner filed an application on 25.11.2008 under section 29(5) of the Urban Building Regulation of Letting, Rent and Eviction Act (U.P. Act No.13 of 1972) before the learned Rent Control and Eviction Officer/Sub-Divisional Magistrate, Kashipur, District Udham Singh Nagar. The said application was 2 registered as Rent Control Case no.1 of 2008 “Pramod Kumar Vs. Hindustan Petroleum”. Respondent filed objection against the said application on 14.07.2009. At the time of filing objection on 14.07.2009, the case was fixed for evidence, but, evidence of the applicant/petitioner could not be taken so far, though, as many as 11 times case has been listed. Learned counsel for the petitioner submitted that petitioner is a senior citizen and is suffering from cancer and is also ailing from age related problems. He prayed that direction be issued to the learned Rent Control and Eviction Officer/Sub-Divisional Magistrate, Kashipur, District Udham Singh Nagar to decide the Rent Control Case no.1 of 2008 expeditously. Learned counsel for the respondent Shri Dinesh Gahatori, submitted that since there is no deliberate delay on their part, prayer made by the petitioner may not be allowed. After hearing learned counsel for the parties and considering the age and disease of the petitioner I think it fit and proper to direct the Rent Control and Eviction Officer/Sub-Divisional Magistrate, Kashipur, District Udham Singh Nagar to decide the case expeditiously. Accordingly, the Trial Court is directed to decide the Rent Control Case No.1 of 2008, “Pramod Kumar Vs. Hindustan Petroleum” very expeditiously, but in any case within a period of 6 months from the date of production of certified copy of this order. With this direction, the writ petition is disposed of finally. (V.K. Bist, J.) Arpan 18.05.2010