Uttarakhand High Court
WPMS/522/2022 on 23 May, 2022
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
ON THE 23RD DAY OF MAY, 2022
BEFORE:
HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
WRIT PETITION (M/S) No. 522 of 2022
BETWEEN:
Shri Vijay Bansal & another ... Petitioners
(By Mr. P.C. Bisht, Advocate holding brief of Mr. Vikas
Bahuguna, Advocate)
AND:
Dr. Vinod Kumar Goyal & another ...Respondents
(By Mr. Piyush Garg, Advocate)
JUDGMENT
1. This is tenants' petition under Article 227 of
the Constitution against order dated 10.10.2019
passed by Prescribed Authority/Additional Civil Judge
(S.D.) 1st, Dehradun in P.A. Case No. 47 of 2015 and
the judgment dated 15.01.2022 passed by learned
Additional District Judge 4th, Dehradun in Rent Control
Appeal No. 33 of 2019.
2. Landlord (respondents herein) had filed an
application under Section 21(1)(a) of the Uttar
Pradesh Urban Buildings (Regulation of Letting, Rent
and Eviction) Act, 1972 (in short "Act No. 13 of
1972") for release of a shop. The said application was
allowed by Prescribed Authority vide judgment dated
10.10.2019. Petitioners challenged the said judgment
by filing an appeal under Section 22 of Act No. 13 of
1972, which too has been dismissed by learned 4th
Additional District Judge, Dehradun vide judgment
dated 15.01.2022. Challenging the aforesaid two
judgments, petitioners have filed this writ petition.
3. This Court vide order dated 29.03.2022 had
passed interim order in favour of petitioners. Today,
matter is listed on an application filed by petitioners,
which is supported by an affidavit. In para 2 of the
affidavit, it has been stated that petitioners be given
two years time for vacating the shop in question.
4. Mr. Piyush Garg, learned counsel appearing
for respondents submits that petitioners are not using
the shop in question and it is lying locked, as
petitioners are running business from some other
place. Thus, he submits that two years time would be
too long and petitioners may be granted lesser time
for vacating the shop in question.
5. Having regard to the facts and
circumstances of the case, petitioners are granted
time till 30.05.2023 for vacating the shop in question.
This, however, shall be subject to fulfillment of
following conditions by the petitioners:-
(1) Petitioners shall file an undertaking in the
form of an affidavit before learned
Prescribed Authority, within three weeks
from today that they shall vacate the shop
in question and handover vacant and
peaceful possession thereof to the
respondents, on or before 30.05.2023.
(2) Petitioners shall pay ₹15,000/- 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 in
terms of interim order dated 29.03.2022, if
any, shall be deposited by petitioners
before the Prescribed Authority, positively
within four weeks from today.
(4) Petitioners shall not induct any other person
as sub-tenant in the shop and they shall not
make structural changes nor they shall
cause any damage to the shop in question.
(5) In the event of breach of any of the
aforesaid conditions, petitioners shall not be
entitled to continue in the shop in question
upto 30.05.2023 and they shall become
liable to be evicted forthwith.
6. With the aforesaid direction, writ petition is
disposed of.
(MANOJ KUMAR TIWARI, J.)
Aswal
