Petitioner sought direction to decide a pending 2017 eviction application within six months. Court disposed of petition directing authorities to decide the matter expeditiously without adjournments.
Direction to decide UPUB Case No.12 of 2017 within six months from presentation of certified copy, without unnecessary adjournments.
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Court No. - 58
Case :- MATTERS UNDER ARTICLE 227 No. - 5266 of 2021
Petitioner :- Devendra Kumar Gupta Respondent :- Man Mohan Kulshreshta And Another Counsel for Petitioner :- Bishwamber Nath Ojha
Hon'ble Shekhar Kumar Yadav,J.
Heard learned counsel for the petitioner..
The only prayer made in this petition is to issue a suitable direction upon the Prescribed Authority/JSCC Court, Aligarh to decide the UPUB Case No.12 of 2017 (Devendra Kumar Gupta vs. Man Mohan Kulshreshtha) pending before it, within a stipulated period as may be fixed by this Court.
Learned counsel for the petitioner has submitted that the shop in question is in a very dilapidated condition and the same is immediately require to be repaired, hence, the petitioner had requested to the landlord to get repair the shop but no heed has been paid. Feeling aggrieved, the petitioner being tenant had moved an application before the court concerned in the year 2017. He has further submitted that more than 4 years have passed but the application filed by the petitioner has not been decided.
Perused the record and the order sheet of the court below.
Considering the facts and circumstances of the case and submissions made, the writ petition is disposed off directing the Prescribed Authority/JSCC Court, Aligarh to decide the UPUB Case No.12 of 2017 (Devendra Kumar Gupta vs. Man Mohan Kulshreshtha) pending before it, expeditiously, in accordance with law, within a period of six months from the date of presentation of a certified copy of this order by fixing short dates and without granting unnecessary adjournments to either of the parties, if there is no other legal impediment. If the adjournment is sought by either of the parties, the court below shall impose heavy cost upon the parties.
It is made clear that this Court has not expressed any opinion on merits of the case and it is for the concerned authorities to decide the same in accordance with law.
Order Date :- 10.11.2021
Ajeet
1 issue framed by the court
Whether a writ petition directing the Prescribed Authority/JSCC Court to decide a pending eviction application within six months should be allowed.
Devendra Kumar Gupta
Man Mohan Kulshreshta
Shekhar Kumar Yadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
