WPMS/2055/2021
2021 Latest Caselaw 3927 UK

                   Office Notes, reports,
                   orders or proceedings
SL.
         Date        or directions and                  COURT'S OR JUDGES'S ORDERS
No
                   Registrar's order with
                        Signatures

      28.09.2021                            WPMS No. 2055 of 2021
                                            Hon'ble Sharad Kumar Sharma, J.

Mr. Sandeep Kothari, Advocate, for the petitioner.

Mr. Deep Prakash Bhatt, Advocate, for the caveator.

The petitioner to the present writ petition is the landlord of the tenement shop, which has been occupied by the respondent/tenant, who had been an applicant of an application, preferred under Sections 27 &

registered as Misc. Civil Case No. 11 of 2019. The said permission, which was sought by the respondent/tenant was permitted to be carried by the learned Prescribed Authority/Civil Judge (Junior Division), Khatima, District Udham Singh Nagar, by the impugned judgment dated 22.09.2021, limited to the extent, as it was provided by para 8 & 9 of the said judgment.

The grievance of the petitioner is that under the garb of the permission granted under Section 28 of the Act, in fact, the respondent/tenant has completely altered the construction, has undertaken a massive demolition process and has restructured the shop by placing a new construction altogether and in relation thereto, he makes reference to the photographs, which has been annexed with the writ petition.

Though these photographs may not be readable in a writ jurisdiction under Article 227 of the Constitution of India, but in order to verify the propriety and the extent of the construction raised by the respondent/tenant, under the garb of the impugned order, which is under challenge before this Court, this Court feels, that let a report be submitted by the concerned Sub Divisional Magistrate, District Udham Singh Nagar as to what extent the respondent has undertaken the construction process in pursuance to the impugned order dated 02.09.2021, and he would furnish, his report before this Court within a period of one week from today and for a period of 10 days from today, the parties to the writ petition are directed to maintain status quo over the tenement in question, which was the subject matter of proceedings Case No. 11 of 2019, under Sections 27 & 28 of the Act No. 13 of 1972.

Stay Application No. IA/1/2021 stands disposed of accordingly.

Let a copy of this order be issued today itself on payment of usual charges.

(Sharad Kumar Sharma, J.) 28.09.2021 Mahinder/