Sartaz Hussain vs Appellate Authority Additional ...
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Allahabad High Court

Sartaz Hussain vs Appellate Authority Additional ... on 27 May, 2024

Author: Neeraj Tiwari

Bench: Neeraj Tiwari

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:96088
 
Court No. - 50
 

 
Case :- WRIT - A No. - 3901 of 2024
 

 
Petitioner :- Sartaz Hussain
 
Respondent :- Appellate Authority Additional District Judge And 5 Others
 
Counsel for Petitioner :- Akhilesh Chandra Srivastava,Anupam Kumar,Jyoti Kumar Singh,Vishakha Pande
 
Counsel for Respondent :- Pradip Kumar Srivastava
 

 
Hon'ble Neeraj Tiwari,J.
 

1.Heard Sri Pankaj Agarwal, Advocate assisted by Ms. Vishakha Pande, learned counsel for the petitioner and Sri Pradip Kumar Srivastava, learned counsel for the respondent.

2. Present petition has been filed seeking following relief:-

"i) Issue a writ, order or direction in the nature of certiorari to quash the impugned Appellate order dated 16.01.2024 passed by respondent no. 1 as well as order of Prescribed Authority/respondent no. 2 dated 02.02.2023."

3. Apart from many other grounds, learned counsel for petitioner submitted that in written statement filed in Rent Case No. 58 of 2010, defendant/petitioner has taken specific ground that plaintiff-respondent is having alternative accommodation of House Nos. 97/119, 97/120, 97/144 & 90/99, but while deciding the case vide order dated 02.02.2023, Prescribed Authority has not returned any finding upon that. Thereafter, defendant/petitioner has filed Appeal No. 33 of 2023, which was dismissed vide order dated 16.01.2024 affirming the order dated 02.02.2023. Therefore, in light of judgment of this Court passed in Tilak Ram (deceased) through his legal heirs and legal representative vs. Om Prakash and other; 1992(2) ARC 486, order is bad and liable to set aside.

4. Sri Pradip Kumar Srivastava, learned counsel for respondents though opposed the submissions of counsel for petitioner, but could not dispute the aforesaid facts.

5. Under such facts and with the consent of parties, writ petition is allowed. Impugned orders dated 16.01.2024 & 02.02.2023 are hereby quashed.

6. Prescribed Authority is directed to decide the case afresh maximum within two months from the date of production of certified copy of this order. After decision, in case any appeal is filed, same shall also be decided, maximum within two months from the date of filing of appeal.

7. Petitioner is directed to pay monthly rent of Rs. 3,000/- in the first week of every month from the month of June, 2024 till the disposal of case.

Order Date :- 27.5.2024

Sartaj