NISHRAT HUSAIN KHAN AND ANOTHER v. ADDL. DISTRICT JUDGE COURT NO.11 LKO. AND OTHERS
A227/1248/2023 · 2025-07-18
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 127988 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 127988 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:41467 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 1248 of 2023 Petitioner :- Nishrat Husain Khan And Another Respondent :- Addl. District Judge Court No.11 Lko. And Others Counsel for Petitioner :- Kabir Ahmad Khan,Anurag Srivastava Counsel for Respondent :- C.S.C.,Deepanshu Dass,Yogesh Gurnanee Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the petitioners and Shri Deepanshu Dass, learned counsel for respondent Nos.3 to 8 as well as learned Standing Counsel. 2. The present petition has been filed by the petitioner challenging the order dated 23.04.2015, whereby the premises in question was released in favour of the land lord in exercise of powers under Section 16(1)(b) of the U.P. Act No.13 of 1972 as well as the revisional order dated 27.02.2023, whereby the revision was also dismissed. 3. Perusal of the two orders, reveals that initially an order of vacancy was passed in favour of land lord. In the said order, it was observed that neither the persons were staying by virtue of any valid allotment order nor were paying the rent and thus, the vacancy was declared. Against the said order, a revision was preferred, which has also been dismissed by means of the judgement dated 27.02.2023. All the issues raised were squarely covered in the revisional order. 4. Learned counsel for the petitioners argues that the exact boundaries of the property purchased by land lord were not disclosed and which is led to passing of the two erroneous orders. It is not denied that the petitioner is neither the land lord nor owner nor does have any title over the property in question. The said contentions were duly raised and considered by the revisional court also. 5. Considering the fact that the findings of fact have been recorded, no interference is called for. 6. The petition lacks merits and is, accordingly, dismissed. 7. At this stage, learned counsel for the petitioners seeks time to vacate the premises. 8. Learned counsel for the respondents states that some reasonable time may be granted. 9.
In view thereof, it is provided that in case the petitioner executes an undertaking in the form of an affidavit within a period of three weeks from today before the court concerned to vacate the premises on or before 31st March, 2026 and to hand over the vacant and physical possession of the premises in question to the land lord-respondent and to no one else on or before 31st March, 2026, the petitioners would not be evicted till 31st March, 2026. 10. In case, such an affidavit as directed above is not filed within the time granted, the orders shall be executed forth with, in accordance with law. Order Date :- 18.7.2025 Ashutosh Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench