Ruham Bee vs State Of U.P. And 3 Others
2022 Latest Caselaw 318 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 21
 

 
Case :- WRIT - C No. - 5686 of 2022
 

 
Petitioner :- Ruham Bee
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Manoj Kumar Mishra
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Manoj Kumar Gupta,J.

Hon'ble Dr. Yogendra Kumar Srivastava,J.

The instant petition has been filed praying for quashing of notice dated 17.12.2021, issued by respondent no. 3, stating that the petitioner who is in occupation of a premises as tenant on behalf of Nagar Palika Parishad is required to vacate the same within thirty days, as the building is in dilapidated condition. The notice further states that in the past the tenancy of the petitioner was terminated by a notice under Section 106 of the Transfer of Property Act dated 4.7.2012.

Learned counsel for the petitioner submitted that there is no order of eviction against the petitioner so far. In the past when similar threat was extended, the petitioner instituted O.S. No. 57 of 1996 against Nagar Palika Parishad and in which the trial court by judgment and decree dated 4.8.2009 restrained the respondents from interfering in the possession of the plaintiffs, except in accordance with law. It is thus contended that in absence of any eviction order, threat of dispossession being extended by impugned notice and otherwise, is wholly without authority of law.

Having regard to the submission made, we permit the petitioner to file representation before respondent no. 3/4, along with such evidence as the petitioner considers relevant, along with a true attested copy of the instant order, within two weeks from today. On receipt of the representation, respondent no. 3/4 shall pass a speaking order within four weeks thereafter.

The petition stands disposed of accordingly.

(Dr. Y. K. Srivastava, J.) (Manoj Kumar Gupta, J.)

Order Date :- 1.4.2022

Jaideep/-