Postmaster Post Office Bagh Muzaffar Khan v. Shri Krishna Murari
2015-03-30
SUNEET KUMAR
body2015
DigiLaw.ai
JUDGMENT Suneet Kumar, J. Heard Sri Praveen Shukla learned counsel for the petitioner. 2. Present writ petition has been filed seeking a writ of certiorari quashing the orders dated 22.10.2009 passed by the fourth respondent, Prescribed Authority No. 3, Upper Additional Civil Judge (Senior Division), Agra in P.A. No. 12 of 2005 and the order dated 23.09.2014 passed by the third respondent, Additional District Judge, Room No. 17, District Agra in P.A. Misc. Appeal No. 103 of 2009. 3. Learned counsel for the petitioners contends that the petitioners are aggrieved from second part of the order dated 22.10.2009 passed by the Prescribed Authority, Agra and the order dated 23.09.2014 passed by Additional District Judge, Room No. 17, District Agra, whereby, one month's time has been granted to the petitioners to vacate the premises in question. 4. Learned counsel for the petitioners states that the petitioners are Post Office and two months' time is highly inadequate for vacating the premises and the time limit may be enhanced by 8 months within which time, the petitioners shall shift to some alternate accommodation so that the running of the post office may not be adversely hampered, which may affect the public. 5. After hearing the learned counsel for the petitioners and after perusing the material on record, it is provided that in case the petitioners give an undertaking on oath before the Additional District Judge, Room No. 17, District Agra that they shall vacate the premise in question and hand over the possession of the same peacefully to the respondent-landlords on or before 31 December 2015, eviction of the petitioners be not done till then. The aforesaid undertaking on oath shall be given by the petitioners before the court below within a period of fifteen days from today and the petitioners shall deposit the monthly rent of the premises in question before the Additional District Judge, Room No. 17, Agra, as per current rent fixed and shall continue to deposit the same by 07th of each calendar month till the vacation of the premises in question, which amount may be permitted to be withdrawn by the respondent-landlords after due verification by the court concerned. 6. In case of default, protection granted above to the petitioners shall automatically stand vacated. 7. The writ petition accordingly disposed of.