Writ petition challenging directions against a landlord to carry out repairs and whitewash. After condoning delay, setting aside abatement and substituting legal heirs of the deceased sole petitioner, the court dismissed the writ petition as the sought relief could no longer be granted.
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Neutral Citation No. - 2025:AHC-LKO:26000
Court No. - 6
Case :- WRIT - A No. - 1011 of 2017
Petitioner :- Virendra Nath Gupta
Respondent :- Prescribed Authority/Civil Judge Sr. Div. Hardoi And 2 Ors. Counsel for Petitioner :- Ravi Nath Tilhari,Sanjay Srivastava,Sonu,Yogesh Kesarwani
Counsel for Respondent :- Gyanendra Singh Sikarwar,Kuldeep Singh
Hon'ble Pankaj Bhatia,J.
Order on I.A. No.9 of 2022
1 . This is an application for condonation of delay in filing substitution application.
2 . The cause shown is sufficient. The application is allowed .
3 . The delay in filing the substitution application is condoned.
Order on I.A. No.10 of 2022
4 . This is an application for setting aside abatement.
5 . The application is allowed. The abatement is set aside.
Order on I.A. No.11 of 2022
6 . The present application has been filed for substituting the legal heirs of the sole petitioner, who died on 26.04.2021.
7 . The application is allowed .
8 . Let necessary incorporation be carried out during the course of the day.
Order on Main Petition
9 . The present petition has been filed challenging an order whereby directions were sought for against the landlord to carried out necessary repairs, whitewash etc. on the building in question.
10 . Considering the relief sought; the order impugned passed and by the passage of time, no such relief can be granted at this stage. The writ petition is dismissed .
Order Date :- 5.5.2025
akverma
Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Can relief for repairs and whitewash of the building still be granted given the passage of time?
Virendra Nath Gupta
Prescribed Authority/Civil Judge Sr. Div. Hardoi And 2 Ors.
Pankaj Bhatia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
