Sukriti Awasthi vs State of U.P. and 3 Others — Writ and Judicial Review | Allahabad HC (2025)

Sukriti Awasthi vs State of U.P. and 3 Others — Writ and Judicial Review | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Time-bound direction to the Appellate Tribunal to dispose of the pending stay application within one month of the petitioner filing an application (annexing demand draft copy and deposit receipts) within two weeks; interim bar on eviction until 20.04.2025 or disposal of the stay application by the Tribunal, whichever is earlier.

Issue for consideration

Whether the appellate Tribunal should be compelled (via a writ of mandamus) to dispose of the petitioner's pending stay application in the pending appeal. +1 more

Court's answer

Conditional time-bound direction: if the petitioner moves an application before the Appellate Tribunal within two weeks, annexing the copy of the demand draft and receipts of its deposit before the rent authority, the pending stay application in the pending appeal shall be disposed of within a further period of one month, after giving full opportunity of hearing to the respective parties.

Ratio / Principle

Interim protection: until 20.04.2025 or until disposal of the stay application by the appellate Tribunal, whichever is earlier, the petitioner shall not be evicted from the premises pursuant to the order of the rent authority dated 01.01.2025 passed in Rent Case No. 1180 of 2024.

Detailed headnote1 paragraphs

Rent-control / eviction (U.P.) — Article 226 writ disposed of with conditional directions (Sukriti Awasthi v. State of U.P. & 3 Ors., WRIT - A No. 2425 of 2025, Neutral Citation No. 2025:AHC:25516, High Court of Judicature at Allahabad, Ajit Kumar, J., order dated 21.2.2025). Petitioner sought mandamus to the appellate Tribunal to decide her pending stay application, the executing court proceeding in the absence of stay; she had tendered a cheque of Rs. 2,76,559/- dated 01.02.2025 to the rent authority, Gautam Buddh Nagar, claimed as 50% of the award, the advance with the landlord already ordered to be adjusted. Court directed: on the petitioner moving, within two weeks, an application before the Appellate Tribunal annexing the copy of the demand draft and deposit receipts, the pending stay application must be disposed of within a further one month with full hearing to both parties; meanwhile the petitioner shall not be evicted pursuant to the rent authority's order dated 01.01.2025 in Rent Case No. 1180 of 2024 until 20.04.2025 or disposal of the stay application, whichever is earlier.

Neutral Citation No. - 2025:AHC:25516

Court No. - 4 Case :- WRIT - A No. - 2425 of 2025 Petitioner :- Sukriti Awasthi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kailash Singh Yadav Counsel for Respondent :- C.S.C.

Hon'ble Ajit Kumar,J.

Heard learned counsel for the petitioner as well as learned Standing Counsel.

By means of this petition filed under Article 226 of the Constitution, petitioner has prayed for a writ of mandamus to command the appellate Tribunal to dispose of the pending stay application.

It has come to be pleaded in the writ petition that in the absence of stay order now the executing court is proceeding with the matter.

From the record it transpires that the petitioner has already submitted a cheque of Rs. 2,76,559/- drawn in the name of rent authority, Gautam Buddh Nagar dated 01.02.2025 which according to the petitioner is towards the satisfaction of 50% of the award under the order of rent authority.

It is further submitted that the rent authority has already directed for adjustment of advance already deposited with the landlord.

Having perused the pleadings raised in the writ petition and the documents brought on record, I hereby provide that in the event petitioner moves an application annexing therewith the copy of demand draft and receipts of deposit of the same before the rent authority, within a period of two weeks from today before the Appellate Tribunal, the pending stay application of the petitioner in the pending appeal shall be disposed of within a further period of one month after giving full opportunity of hearing to the respective parties. In the meanwhile until 20.04.2025 or till the disposal of stay application by the appellate Tribunal, whichever is earlier, petitioner shall not be evicted from the premises in question pursuant to the order of rent authority dated 01.01.2025 passed in Rent Case No. 1180 of 2024.

With the aforesaid observations and directions, this petition stands disposed of .

Order Date :- 21.2.2025/IrfanUddin

Digitally signed by :- IRFAN UDDIN SIDDIKI High Court of Judicature at Allahabad