Allahabad High Court
Ravi Kushwaha And 12 Others vs Sri Thakuriji Baldauji And 5 ... on 18 August, 2023
Bench: Prakash Padia
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:166826
Court No. - 4
Case :- WRIT - A No. - 13347 of 2023
Petitioner :- Ravi Kushwaha And 12 Others
Respondent :- Sri Thakuriji Baldauji And 5 Others
Counsel for Petitioner :- Sharad Malviya
Counsel for Respondent :- C.S.C.,Deepak Kumar
Hon'ble Prakash Padia,J.
1. Petitioners have preferred the present petition inter-alia with the following prayers:-
"(A). Issue an order or direction, to set aside the impugned order dated 30.6.2023 passed by respondent No.1 in Case No.288 of 2023 Computer Case No.D202314700000288 Shri Thakur Ji and others vs. Awadhesh Pandey under Section 21(2) of U.P. Nagariya Parisar Kiradari Viniman Adhiniyam, 2021.
(B). Issue an order or direction to direct the respondents No.2 to 6 to open the locks of the shops of the petitioners forthwith failing which the petitioners shall suffer huge loss which cannot be compensated in any manner.
(C). Issue an order or direction which this Hon'ble Court may deem fit and proper under the fact and circumstances of the case.
(D). Award the cost of this petition in favour of the petitioners."
2. On the request made by the counsel for the petitioners, prayer no.A has already been deleted from the prayer clause of the petition. Insofar as the prayer no.B is concerned, it is argued that wholly illegally locks were put up by the State-authorities with the help of the landlord on the shop of the petitioners without any authority of law. It is further argued that though the appeal was filed well within time as prescribed under Section 35 of the Act, 2021 before the expiry of the statutory period locks were put up on the shops of petitioners.
3. In response to the same, it is argued by the counsel appearing on behalf of respondents that on the Rent Appeal filed by the petitioners an order has already been passed on 16.08.2023 by which the appeal was admitted fixing 18.09.2023 for hearing. It is further argued by the counsel for the respondents that while arguing the matter on appeal, no point regarding put up of locks on the shops of the petitioners were raised or placed before the appellate court. The order passed by the In-charge District Judge, Varanasi dated 16.08.2023 in one of the appeal being Rent Appeal No. 143 of 2023 ((Arun Kumar Yadav vs. Shree Thakur Ji Baldau), is reproduced below:-
"Case called out. Ld. counsel for both the sides are present. Applicant / appellant ld. counsel urged that Order dated 26.07.2023 has been complied and the requisite rent has been deposited.
Respondent ld. counsel pressed on his application 17C stating that till the requisite amount / court fees as mentioned in the application is not deposited. The appeal cannot be admitted as the requisite court fees paid is insufficient and appellant / applicant has failed to deposit 50% fifty percent of the amount due.
As far as court fees is concerned. It is between the applicant / appellant and court. Even it the Court fees paid is insufficient then it is a curable may which can be seen at the later stage also. This appeal has been filed against the Order dated 30.06.2023 passed by Rent Authority, Varanasi.
Also, at the stage of admission, another application 20C has been moved stating that Writ Petition has been filed in the Hon'ble High Court and there may be a chance that a contradictory order / judgment be passed by this Tribunal. On this account also, it has been pleaded that till the Order is passed by the Hon'ble High Court in above referred Civil Misc. Writ Petition, the Appeal may not be admitted. Above objection has been raised via application 20C.
As a matter before this Court has not even been admitted after the admission only, if any final order is passed by this Court then only the objection raised in 20C can be looked into. Since the Order has been passed by the Rent Authority and present appeal has been moved within time. Order dated 26-07-2023 has been complied as stated by Court official. Matter requires adjudication. Appeal is maintainable. Accordingly, it is admitted. Lower Court record be summoned. At this stage, no other relief has been pressed. Fixing 18-09-2023 for hearing of this Rent Appeal."
4. It is argued that identical orders were passed in other Rent Appeals.
5. Pursuant to the order dated 17.08.2023 passed by this Court, a report has been submitted by the Chief Judicial Magistrate, Varanasi. It is stated in the aforesaid report that on most of the shops, the shop numbers was not mentioned. Thereafter certain persons who were available on the spot were called for to determine the shop numbers and thereafter a report was submitted stating therein that on most of the shops locks were found. Lastly it is stated in the aforesaid report that only in order to maintain law and order, locks were put up on the close shops by the police authorities.
6. Now the question which is to be decided by this Court that whether the locks were put up on the shops during the pendency of the Rent Appeals or the locks were already there on the shops before the Rent Appeals were filed. This is a factual controversy which could not be decided by this Court under Article 226/227 of the Constitution of India.
7. In this view of the matter, the present petition is disposed of finally, directing the petitioners to move a proper application in this regard in their pending Rent Appeals. If such application is filed by the petitioners along-with the certified copy of this order within a period of one week from today, the appellate court where the Rent Appeals filed by the petitioners are pending is directed to decide the same, strictly in accordance with law, after providing an opportunity of hearing to all the parties concerned, most expeditiously and positively within a period of one week from the date of presentation of such an application before him.
8. Registry is directed to provide certified copy of this order to the counsel for the parties today itself.
Order Date :- 18.8.2023
Swati
