Uttarakhand High Court
WPMS/2027/2021 on 22 March, 2022
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
ON THE 22ND DAY OF SEPTEMBER, 2021
BEFORE:
HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
WRIT PETITION (M/S) No. 2027 of 2021
BETWEEN:
Smt. Archana ... Petitioner
(By Mr. A.M. Saklani, Advocate)
AND:
Shri Digvijay Singh Khanduri
& others ...Respondents
(By Mr. Anil Anthwal, Advocate)
JUDGMENT
1. This is tenant's petition under Article 227 of
the Constitution against the orders dated 08.10.2012,
and 21.01.2014 passed by Prescribed Authority/City
Magistrate, Dehradun in Case No. 28 of 2011 and also
the Form-C issued by Prescribed Authority. Petitioner
has also challenged the order dated 16.09.2021
passed by learned 3rd Additional District Judge,
Dehradun in Rent Control Revision No. 12 of 2018.
2. Prescribed Authority had declared the
premises in question as vacant vide order dated
08.10.2012 and by subsequent order dated
21.10.2014, the said premises was released in favour
of the landlord.
3. Mr. A.M. Saklani, learned counsel appearing
for the petitioner, on instructions from his client, fairly
submits that petitioner is ready to handover vacant
and peaceful possession of the premises in question
to the respondents, provided two years time is
granted to her for the purpose.
4. Mr. Anil Anthwal, learned counsel appearing
for the respondents submits that his clients have no
objection in granting reasonable time to petitioner for
vacating the premises. However, according to him,
two years time will be on the higher side and nine
months would be sufficient for the purpose.
5. Since, petitioner has voluntarily offered to
vacate the premises in question for which she is
seeking some time, therefore, in the considered
opinion of this Court one year's time would be just,
proper and equitable in the facts and circumstances of
the case. Thus, she is granted time till 31.03.2023
for vacating the premises in question. This, however,
shall be subject to fulfillment of following conditions
by the petitioner:-
(1) Petitioner shall file an undertaking in the
form of an affidavit before learned
Prescribed Authority / City Magistrate,
Dehradun within three weeks from today
that she shall vacate the premises in
question on or before 31.03.2023 and shall
handover vacant and peaceful possession of
the premises in question to the
respondents.
(2) Petitioner shall pay ₹3,000/- per month as
use and occupation charges to the landlord
on or before 7th day of each succeeding
month.
(3) Arrears of use and occupation charges, if
any, in terms of interim order dated
29.09.2021, shall be deposited by petitioner
before the Prescribed Authority, positively
within four weeks from today.
(4) Petitioner shall not induct any other person
as sub-tenant in the premises in question
and she shall not make structural changes
nor she shall cause any damage to the
building and fixtures therein.
(5) In the event of breach of any of the
aforesaid conditions, petitioner shall not be
entitled to continue in the premises in
question up to 31.03.2023 and he shall
become liable to be evicted forthwith.
6. With the aforesaid direction, writ petition is
disposed of.
(MANOJ KUMAR TIWARI, J.)
Aswal
