Allowed

Smt. Rachna Mehrotra and 2 Others v. Upjeet Singh and Another

Allahabad HC13 Mar 2023WRIA/4215/2023

Case brief

AI extract

What is this about?

The Allahabad High Court allowed a writ petition seeking directions for expeditious disposal of a tenancy case pending for over nine months contrary to the ninety-day statutory limit. The court directed the Additional District Magistrate to decide the matter within ninety days without unnecessary adjournments.

What did the court decide?

Direction issued to Additional District Magistrate, Prayagraj to decide Case No.5040 of 2022 within ninety days without unnecessary adjournments.

Smt. Rachna Mehrotra and 2 Others Vs Upjeet Singh and… — Property and Title | Allahabad HC (2023)

¶1

Court No. - 2 Case :- WRIT - A No. - 4215 of 2023 Petitioner :- Smt. Rachna Mehrotra And 2 Others Respondent :- Upjeet Singh And Another Counsel for Petitioner :- Anurag Sharma,Nitish Kant Srivastava Counsel for Respondent :- C.S.C.

¶2

Hon'ble Subhash Vidyarthi,J.

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Heard Mr. Neelesh Tripathi holding brief of Mr. Anurag Sharma, learned counsel for the petitioners, Mr. C.V. N. Raghuvanshi, learned Standing Counsel appearing on behalf of the respondent no.2 and perused the records.

¶4

In view of the nature of relief sought for in this petition, issuance of notice to the respondent no.1 is dispensed with.

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The instant petition has been filed seeking a direction to the learned Additional District Magistrate (City), Prayagraj for expeditious disposal of Case No.5040 of 2022; Smt. Rachna Mehrotra and others Vs. Upjeet Singh), under Section 21 (2) of U.P. Regulation of Urban Premises Tenancy Act, 2021.

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The aforesaid case is pending since 30.08.2022. Section 33 (7) of U.P. Regulation of Urban Premises Tenancy Act, 2021 mandates that "every application under Clauses (a), (b), (c), (d), (e), (f) and (g) of sub Section (2) of Section 21 or Section 22 shall be decided within ninety days of filing of suit application before the rent authority." The period of ninety days mandated by the legislature has elapsed long back and the case is still pending.

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In view of the above, the instant petition is allowed and a direction is issued to the learned Additional District Magistrate (City), Prayagraj to decide Case No.5040 of 2022; Smt. Rachna Mehrotra and others Vs. Upjeet Singh), filed under Section 21 (2) of U.P. Regulation of Urban Premises Tenancy Act, 2021 expeditiously, without granting any unnecessary adjournments to any of the parties strictly in accordance with law within a period of ninety days from the date a certified copy of this order is placed before the court concerned.

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(Subhash Vidyarthi, J.)

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Order Date :- 13.3.2023 Ram.

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Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad

Smt. Rachna Mehrotra and 2 Others v. Upjeet Singh and Another

Case brief

What is this about?

What did the court decide?

Smt. Rachna Mehrotra and 2 Others v. Upjeet Singh and Another

Case brief

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What did the court decide?

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