RADHEY SHYAM RASTOGI vs ASHISH KUMAR

The Supreme Court held that the High Court erred in dismissing the writ petition without considering the appellant's request for the appointment of an Engineer/Advocate Commissioner to assess the dilapidated condition of the premises, which was the basis for eviction under the relevant Act. The Court emphasized the necessity of an independent inspection to ensure a fair assessment before deciding on the eviction. Consequently, the Court set aside the High Court's order and remitted the matter for a fresh decision after the report from the appointed Commissioner, mandating a timeline for the proceedings.