Hakim Sahim Kamal vs State Of U.P. And 2 Others
2019 Latest Caselaw 2505 ALL

Citation : 2019 Latest Caselaw 2505 ALL
Judgement Date : 4 April, 2019

Allahabad High Court

Hakim Sahim Kamal vs State Of U.P. And 2 Others on 4 April, 2019

Bench: Shashi Kant Gupta, Pradeep Kumar Srivastava




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 32
 
Case :- WRIT - C No. - 10576 of 2019
 
Petitioner :- Hakim Sahim Kamal
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Abhishek Singh,Yadu Nath Singh
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Shashi Kant Gupta,J.

Hon'ble Pradeep Kumar Srivastava,J.

This writ petition has been filed, inter alia, for the following reliefs:

(i) issue a writ, order or direction in the nature of certiorari quashing the impugned notice dated 07.2.2019 (Annexure-2 to the writ petition) issued by the respondent no. 3;

(ii) issue a writ, order or direction in the nature of mandamus commanding the respondent authorities not to disposses the petitioner from his shop no. 34;

(iii) issue any other suitable writ, order or direction which this Hon'be Court may deem fit and proper under the facts and circumstances of the case;

(iv) award the cost of petition to the petitioner.

Heard learned counsel for the parties and perused the record.

From perusal of record, it appears that the impugned notice was issued through counsel of Executive Officer, Nagar Palika Parishad, Sambhal regarding enhancement of annual rent of shop in question i.e. Rs.13840/- from Rs.2768/- as the agreement of five years has come to an end. In the said notice, it was also mentioned that in case petitioner fails to deposit the enhanced rent of Rs.13840/-, the petitioner will be dispossessed from the shop in question after lapse of thirty days from the date of notice. It also appears from the record that petitioner instead of giving a reply to the impugned notice, straightway has approached this Court by filing the present writ petition.

Considering over all facts and circumstances of the case, petitioner is directed to file reply to the legal notice and appear before the appropriate authority to contest the legal notice and if the petitioner files reply and appear before the appropriate authority, the grievance of the petitioner shall be considered and decided expeditiously in accordance with law.

With the above observations, writ petition is finally disposed of.

Order Date :- 4.4.2019

RCT