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2014 DIGILAW 3233 (ALL)

Mahendra Kumar v. Abdul Aziz

2014-10-29

RAN VIJAI SINGH

body2014
JUDGMENT Ran Vijai Singh, J. Heard Sri Rakesh Kumar Shukla along with Sri C.P.Shukla, learned counsel for the petitioner and Sri Sanjay Mishra, learned counsel for the respondent. 2. By means of this writ petition, the petitioner has prayed for issuing a writ of certiorari quashing the orders dated 8.10.2012 passed by the Prescribed Authority Bulandshahar in P.A. Case No. 12 of 2010 (Abdul Aziz Vs. Mahendra Kumar) and judgment and order dated 31.7.2014 passed by the Additional District Judge, Court No. 5, in P.A.Case No. 21 of 2012 (Mahendra Kumar Vs. Abdul Aziz). 3. Vide order dated 8.10.2012, release application filed by the respondent Abdul Aziz under Section 21 (1) (a) of U.P.Act No. 13 of 1972 for establishing separate business of his youngest son Sakir in shop in dispute, has been allowed.Whereas by the subsequent order dated 31.7.2014, appeal, filed by the petitioner against the judgment and order dated 8.10.2012 passed by the prescribed authority, has been dismissed. 4. The impugned orders have been challenged on number of grounds but learned counsel for the petitioner states that in case, the petitioner is granted one year's time even on enhanced rent to vacate the shop in dispute, he will not press his writ petition, to which learned counsel for the respondent has no objection. 5. In view of the agreement in between the parties, this writ petition is disposed of with the observation that order of release will not be executed till 31st October, 2015, provided the petitioner files an undertaking before the learned prescribed authority that he will vacate the shop in dispute by 31st October, 2015 and shall also pay Rs. 1,500/- per month towards rent to the respondent landlord. 6. The rent of month of October shall be deposited by 10th November and thereafter the petitioner shall continue to deposit the same amount by 10th day of each succeeding month. In case of default, interim order granted today shall stand automatically vacated. It is also observed that if the petitioner does not vacate the shop in question by 31st October, 2015, the S.S.P. Bulandshahar on an application by the landlord, is directed to evict the petitioner forcefully and handover the peaceful possession to the landlord after 31st October 2015.