Smt Rekha Sethi vs State Of U.P And 2 Others
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Allahabad High Court

Smt Rekha Sethi vs State Of U.P And 2 Others on 31 May, 2024

Author: Neeraj Tiwari

Bench: Neeraj Tiwari

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:100355
 
Court No. - 50
 
Case :- WRIT - A No. - 6060 of 2024
 
Petitioner :- Smt Rekha Sethi
 
Respondent :- State Of U.P And 2 Others
 
Counsel for Petitioner :- Mohd Adnan Khan,Mohd. Imran,Syed Safdar Ali Kazmi
 
Counsel for Respondent :- C.S.C.,Sudeep Harkauli
 

 
Hon'ble Neeraj Tiwari,J.
 

1. Heard Sri Syed Safdar Ali Kazmi, learned counsel for petitioner, Sri Sudeep Harkauli, learned counsel for respondent No.3 and learned Standing Counsel appearing on behalf of respondent Nos.1 and 2.

2. Sri Sudeep Harkauli, learned counsel for respondent No.3 has raised preliminary objection and submitted that petitioner has remedy to file appeal before the Rent Tribunal under Section 35 of Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021 (hereinafter referred to as Act, 2021), therefore, writ petition may be dismissed on the ground of alternative remedy. In support of his contention, he prays reliance upon a judgment of Hon'ble Apex Court dated 10.04.2024, passed in SLP (C) No.8867 of 2022 (PHR INVENT EDUCATIONAL SOCIETY VS. UCO BANK AND OTHERS).

3. Learned counsel for petitioner could not dispute the aforesaid facts but submits that in one identical matter, the Court has entertained the petition and granted interim protection.

4. I have considered the submissions of learned counsel for parties and perused the record.

5. Disputed question of facts are involved in present dispute, therefore, there is no occasion for this Court to interfere into matter and writ petition is dismissed on the ground of alternative remedy with liberty to petitioner to file appeal before appellate Court, in accordance with law.

6. At this stage, learned counsel for the petitioner submitted that there is some delay in filing appeal, therefore, Court may please to condone the same and direction may be issued to the Rent Tribunal to decide the appeal on merits for which Sri Sudeep Harkauli, learned counsel for respondent No.3 has no objection.

7. Considering the submissions raised by learned counsel for the parties, in case any such appeal is filed within 15 days from today, the same shall not be rejected on the ground of laches, but be decided on merits, within the time provided in Section 33 (2) of the Act, 2021.

Order Date :- 31.5.2024

P. Pandey