The High Court held that a dispute regarding the interpretation of a private lease agreement between individuals is appropriately adjudicated by civil courts. Consequently, the writ petition was dismissed as non-maintainable in this forum.
The writ petition is consigned to records.
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Neutral Citation No. - 2023:AHC:141037-DB
Court No. - 46
Case :- WRIT - C No. - 5376 of 2023
Petitioner :- Sanjeev Kuamr Garg And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ankit Kumar Rai,Amit,Anupam Kulshreshtha Counsel for Respondent :- C.S.C.,Dharmendra Singh Chauhan,Rama Goel Bansal
Hon'ble Ashwani Kumar Mishra,J. Hon'ble Syed Aftab Husain Rizvi,J.
Dispute raised in the present writ petition relates to interpretation of a lease agreement executed by the petitioners in favor of the fourth respondent.
The nature of rights which can be claimed by the fourth respondent would thus require interpretation. Such private dispute involving determination of facts between two individuals can more appropriately be adjudicated by the civil court, at the first instance.
The writ petition would not be maintainable in the above scenario merely because state authorities are impleaded as respondents, inasmuch as the basis of claim before these authorities ultimately is the lease deed, clauses of which are being interpreted by the two private respondents, in their favor.
Leaving it open to the petitioners to pursue available remedy before the civil court, this petition is consigned to records.
Order Date :- 17.7.2023 RA
Digitally signed by :- RAZIQ ALI High Court of Judicature at Allahabad
2 issues framed by the court
Whether the writ petition challenging the interpretation of a private lease agreement is maintainable.
Whether a dispute over the interpretation of lease clauses between private parties can be adjudicated by writ jurisdiction.
Sanjeev Kuamr Garg
State Of U.P.
Ashwani Kumar Mishra
Syed Aftab Husain Rizvi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
