High CourtsSingle Bench(2011) 12 AHC CK 0175

Sushma Singh vs Ramji Prasad Gupta and Others

Allahabad High Court · Decided on 9 December 2011

HON’BLE JUDGES
Dilip Gupta, J
CASE NUMBER
Writ - A No. - 70891 of 2011

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Judgment

6 paragraphs · 412 words

Hon''ble Dilip Gupta, J.—This petition seeks the quashing the order dated 18th November, 2011 passed by the Prescribed Authority.

2.

It transpires from the records of the writ petition that the Prescribed Authority had allowed the application filed by the landlord against which the petitioner filed Writ Petition No. 7067 of 2010 which was allowed by Hon''ble Ran Vijai Singh, J. by the order dated 10th February, 2010 with the following observations:

Considering all these aspects, I allow the writ petition and quash the impugned order dated 21.1.2010 passed by prescribed authority/Civil Judge (Junior Division) Court No. 10 Deoria in P.A. Misc. No. 84 of 2007 Sushma Vs. Ram Ji. It is directed that the prescribed authority shall decide the release application itself expeditiously preferably within a period of six months without granting any unnecessary adjournments to the Learned Counsel for the parties. Considering the accommodation occupied by the present petitioner, the situation of the premises in the posh locality of District Deoria, the petitioner is directed to pay Rs. 1,500/- rent with effect from February, 2010. The rent of February and March, 2010 shall be deposited by the petitioner by 15th of April 2010 and for the remaining months, the rent has to be deposited by 7th day of each succeeding months on this condition the eviction of the petitioner shall remain stayed for the period of six months or till the disposal of the release application whichever is earlier. In case of default of the condition imposed for staying the dispossession the interim protection shall stand vacated.

3.

The Prescribed Authority has passed the order on 18th November, 2011 for the reason that the application could not be decided within a period of six months.

4.

Sri P.K. Jain, learned Senior Counsel appearing for the petitioner has stated in paragraph-22 of the writ petition that an application has been filed in Writ Petition No. 7067 of 2010 before the Court that the time granted by the Court in the judgment and order dated 10th February, 2010 may be extended by six months and this application is pending disposal.

5.

In view of the aforesaid, it is desirable that this petition may be placed before His Lordship Hon''ble Ran Vijai Singh, J after obtaining nomination from Hon''ble The Chief Justice. If the nomination is made by Hon''ble The Chief Justice, it shall be open for the petitioner to make a request before Hon''ble Ran Vijai Singh, J. for fixing a date.