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Smt. Anupama Sukla v. a.C.J.M.- 10 Allahabad/Letting, Rent and Eviction Authority and 2 Others

Allahabad HC7 May 2018A227/3201/2018

Case brief

AI extract

What is this about?

In this Article 227 writ petition, the High Court directed the Prescribed Authority to decide the petitioner's Release Application under the U.P. Rent Control and Eviction Act, 1973, within three months, citing procedural delays and applicable time limits under Rule 15 Sub Rule 3.

What did the court decide?

Direction to the Prescribed Authority to decide the Release Application within three months from the date of production of the certified copy of the order.

Smt. Anupama Sukla Vs a.C.J.M.- 10… — Civil Procedure and Limitation | Allahabad HC (2018)

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Court No. - 26

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Case :- MATTERS UNDER ARTICLE 227 No. - 3201 of 2018

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Petitioner :- Smt. Anupama Sukla Respondent :- A.C.J.M.- 10 Allahabad/Letting, Rent And Eviction Authority And 2 Others Counsel for Petitioner :- Kamleshwar Singh,Sarita Gupta

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Hon'ble Mrs. Sangeeta Chandra,J.

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(Oral).

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This petition has been filed with a prayer for a direction to be issued to the Additional Chief Judicial Magistrate 10, Allahabad/Prescribed Authority, Rent, Control and Eviction Act, 1972 to decide the PA Case No. 6 of 2014 (Smt. Anupama Shukla Vs. Sanjay Agrawal and another) filed by the petitioner landlady under Section 21(A) of the U.P. Rent Control and Eviction Act, 1973 within a stipulated time period as given by this Court.

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Learned counsel for petitioner landlady has pointed out that the tenant has been in occupation of the shop situated in House No. 1/1, SC Bosh Road, Allahabad, which was let out on monthly rent by her husband Dinesh Shukla on 11.07.1996 to one Sanjay Agrawal son of Suraj Agrawal. It is also submitted that Sanjay Agrawal has substantially removed his assets from the shop in question and is doing his business in District Kanpur Nagar and has not paid the rent since October, 2010 to the landlady. However, Sanjay Agrawal has sublet the shop in question to one Sunil Agrawal, respondent No. 3 herein who is the brother of Sanjay Agrawal.

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A Release Application was filed by the landlady regarding her boanafide need but the said Application has remained pending since 2014.

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Once the case was also decided ex-parte but on a Recall Application being moved by the tenant the ex-parte order dated 02.06.2015 has been recalled and again the matter is proceeding at snail's pace.

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I have perused the order sheet. There is a specific provision under Sub Rule - 3 of Rule 15 that a Release Application filed under Section 21 (1) (a) should normally be decided within a period of four months.

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Accordingly, this petition is disposed off with a direction to

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the Prescribed Authority to decide the Release Application within a period of three months from the date of production of a certified copy of this order without giving unnecessary adjournments to either of parties.

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Order Date :- 7.5.2018 LBY

Smt. Anupama Sukla v. a.C.J.M.- 10 Allahabad/Letting, Rent and Eviction Authority and 2 Others

Case brief

What is this about?

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Smt. Anupama Sukla v. a.C.J.M.- 10 Allahabad/Letting, Rent and Eviction Authority and 2 Others

Case brief

What is this about?

What did the court decide?

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