WPMS/1747/2022
2022 Latest Caselaw 2318 UK

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                          COURT'S OR JUDGES'S ORDERS
No             directions and
             Registrar's order
              with Signatures
                                  WPMS No. 1747 of 2022
                                  Hon'ble Manoj Kumar Tiwari, J.

Mr. Sudhir Kumar, Advocate for the petitioners.

Registry has raised an objection that paragraph no. 1 of the affidavit is not correct. In paragraph no. 1, it is stated that deponent is petitioner no. 3 and he is well acquainted with the facts deposed to below.

The objection appears to be that since there are as many as three petitioners and affidavit has been filed by only one of them and without stating that the person filing affidavit has been asked to do pairvi on behalf other petitioners also.

Learned counsel for petitioner submits that since it is a petition under Article 227 of the Constitution against the judgment and orders passed by learned Prescribed Authority as well as the Appellate Authority and interest of all the petitioners is common and all the petitioners have given Vakalatnama to Mr. Sudhir Kumar, Advocate to appear on their behalf.

In such view of the matter, the objection raised by Registry appears to be trivial.

Accordingly, the objection raised by Registry, is overruled.

Issue notices to respondent, returnable at an early date.

Steps to be taken within one week. List this case on 16.09.2022. Till the next date of listing, petitioners shall not be dispossessed from the shop in question, provided they deposit `10,000/- per month effective from 01.07.2022 as use and occupation charges of the shop in question before learned Prescribed Authority, on or before 7th day of each succeeding month. The said deposit will be without prejudice to the rights and contentions of the petitioners, which shall be subject to the final outcome of the present writ petition.

Stay Application (I.A. No. 1 of 2022) stands disposed of.

(Manoj Kumar Tiwari, J.) 27.07.2022 Navin