M/S Hira La and Sons vs State of U.P and 8 Other — Writ and Judicial Review | Allahabad HC (2025)

M/S Hira La and Sons vs State of U.P and 8 Other — Writ and Judicial Review | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Petition disposed of with directions to the Rent Authority (Additional District Magistrate (Judicial), Meerut) to dispose of pending Application nos. 2117 of 2023, 2094 of 2024 and 1832 of 2023 as expeditiously as possible within the statutory period under Section 35 (2) of Act No. 16 of 2021, recording satisfaction on service of summons and giving opportunity of hearing to both parties; prayer No. C to be pursued through a separate petition.

Issue for consideration

Whether the pending rent-authority matters at Meerut should be transferred to another authority (given that the Rent Authority/Additional District Magistrate (Finance), Meerut was not functioning) and how their expeditious disposal by the present Rent Authority, Additional District Magistrate (Judicial), Meerut, is to be secured.

Court's answer

The petition stands disposed of with direction to the rent authority to dispose of the pending matters bearing Application no. 2117 of 2023, 2094 of 2024 and 1832 of 2023 as expeditiously as possible within the statutory period prescribed under Section 35 (2) of Act No. 16 of 2021.

Ratio / Principle

It is the endeavour expected of the rent authority to record satisfaction regarding service of summons upon the respondents and to give opportunity of hearing to both parties.

Key takeaways

As far as prayer No. C of the petition is concerned, it was not dealt with herein; the petitioner may file a separate petition for that cause.ratio¶¶12

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Court No. 4), Hon'ble Ajit Kumar, J.; Writ Petition (WRIT - A) No. 1249 of 2025; order dated 4.2.2025; Neutral Citation 2025:AHC:15603. M/S Hira La And Sons, by a writ petition under Article 226 of the Constitution, sought transfer of certain pending cases away from the Rent Authority/Additional District Magistrate (Finance), Meerut, on the ground that the Rent Authority was not functioning in District Meerut. Learned Standing Counsel produced instructions confirming that the matters now lie before the Additional District Magistrate (Judicial), Meerut, the present Rent Authority under the new Act of 2021, and the petitioner agreed to expeditious disposal by that authority. The petition was accordingly disposed of with direction to the Rent Authority to dispose of pending Application nos. 2117 of 2023, 2094 of 2024 and 1832 of 2023 as expeditiously as possible within the statutory period prescribed under Section 35 (2) of Act No. 16 of 2021, endeavouring to record satisfaction regarding service of summons upon the respondents and giving opportunity of hearing to both parties. As regards prayer No. C, the petitioner was told he may file a separate petition for that cause.

Neutral Citation No. - 2025:AHC:15603

Court No. - 4

Case :- WRIT - A No. - 1249 of 2025

Petitioner :- M/S Hira La And Sons Respondent :- State Of U.P And 8 Other Counsel for Petitioner :- Balbir Singh Counsel for Respondent :- C.S.C.

Hon'ble Ajit Kumar,J.

Heard learned counsel for parties.

By means of this petition filed under Article 226 of the Constitution petitioner has prayed for transfer of certain pending cases before the rent authority, namely, Additional District Magistrate (Finance) Meerut to some other authority for the reason that Rent Authority/ Additional District Magistrate (Finance) is not functioning in District Meerut.

Learned Standing Counsel on the contrary has obtained instructions in the matter and as per the instructions now the matter is pending before the Additional District Magistrate (Judicial), Meerut who is the present Rent Authority under the new Act of 2021, instructions are taken on record.

At this stage, learned counsel for petitioner states that in view of the instructions as obtained by learned Standing Counsel the matter may be expeditiously disposed of by the rent authority. Copy of the instructions is also supplied to learned counsel for petitioner.

In such above view of the matter, the petition stands disposed of with direction to the rent authority to dispose of the pending matters bearing Application no. 2117 of 2023, 2094 of 2024 and 1832 of 2023 as expeditiously as possible within the statutory period as prescribed under Section 35 (2) of Act No. 16 of 2021.

Endeavour of the rent authority would to be to record satisfaction regarding service of summons upon the respondents and giving opportunity of hearing to both parties.

In so far as prayer No. C is concerned petitioner may file separate petition for the said cause.

Order Date :- 4.2.2025

Nadeem

Digitally signed by :- NADEEM AHMAD High Court of Judicature at Allahabad