Raj Verma @ Rajendra Kumar Verma vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 19016 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:48475
 
Court No. - 17
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 3690 of 2023
 

 
Petitioner :- Raj Verma @ Rajendra Kumar Verma
 
Respondent :- State Of U.P. Thru. Prin. Secy. Urban Development, Lucknow And 4 Others
 
Counsel for Petitioner :- Ajay Vikram,Manas Kumar
 
Counsel for Respondent :- C.S.C.,Namit Sharma
 

 
Hon'ble Alok Mathur,J.

1. Heard Sri Ajay Vikram, learned counsel for petitioner as well as learned Standing Counsel for respondent Nos. 1 & 3 and Ms. Priyanka Singh, Advocate holding brief of Sri Namit Sharma, learned counsel for respondent No. 4.

2. By means of present writ petition, the petitioner has prayed for expeditious disposal of his interim relief application pending in Misc. Appeal No. 557 of 2023 (Raj Verma, @ Rajendra Kumar Verma Vs. Shanti Swaroop Dharmshala) under Section 35 of U.P. Regulation of Urban Premises Tenancy Act, 2021.

3. It has been submitted by learned counsel for petitioner that respondent No. 5 has instituted a suit against the petitioner under Section 21(1) of U.P. Regulation of Urban Premises Tenancy Act, 2021 which was allowed on 04.11.2022 and a direction was issued to the petitioner to vacate the disputed premises within a period of 30 days and also that possession of the same be given to respondent. No. 5.

4. It has also been submitted that petitioner has assailed the judgment and order dated 04.11.2022 before the Additional District and Sessions Judge (Rent Tribunal), Lucknow but his application for interim relief has not been considered while on the other hand respondents are pressing for execution of the order of the A.D.M.

5. In light of the above and in the interest of justice, the Additional District and Sessions Judge (Rent Tribunal), Lucknow is directed to consider and decide the application for interim relief preferred by the petitioner on the next date of listing and if some reasons the same cannot be decided on the next date, the same may be considered and decided expeditiously, say, within a period of two weeks thereafter in accordance with law, if possible.

6. Till the decision is taken by Additional District and Sessions Judge (Rent Tribunal), Lucknow, the execution proceedings against the petitioner shall be kept in abeyance.

7. It is made clear that further execution proceedings shall follow the final order passed on the application of interim relief preferred by the petitioner.

8. With the above observations / directions, the writ petition is disposed of.

(Alok Mathur, J.)

Order Date :- 25.7.2023

Ravi/