SMT. ANEETA GUPTA v. COURT OF LEARNED DISTRICT AND SESSION JUDGE, LKO. AND 2 OTHERS
A227/1394/2024 · 2025-08-08
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 129075 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 129075 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:46496 Court No. - 6 Case :- MATTERS UNDER ARTICLE 227 No. - 1394 of 2024 Petitioner :- Smt. Aneeta Gupta Respondent :- Court Of Learned District And Session Judge, Lko. And 2 Others Counsel for Petitioner :- Prashant Agarwal,Rupesh Kumar Kasaudhan Counsel for Respondent :- Chandra Shekhar Singh Yadav,Anjani Kumar Saini,C.S.C. Hon'ble Pankaj Bhatia,J.
Order on I.A. No.4 of 2025:
1. The application seeks recall of the order dated 14.07.2025.
2. Cause shown is sufficient.
3. The application is allowed.
4. Order dated 14.07.2025 is recalled and writ petition is restored to its original file and number.
Order on Writ Petition:
5. Heard learned counsel for the petitioner.
6. None has appeared for the respondent despite notice.
7. Present petition has been filed challenging the order dated 19.07.2023 whereby the suit preferred by the petitioner seeking a decree of rent and ejectment before the JSCC was dismissed on the ground that after the enactment of The Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021, the jurisdiction lies only with the authority created under the 2021 Act.
8. Submission of learned counsel for the petitioner is that the suit in the form it was filed could not be filed under the 2021 Act.
9. Considering the said submission and prima-facie, on the basis of the nature of the suit, there appears to be force in the argument.
10. Thus, the order dated 19.07.2023 is quashed.
11. Trial Court is directed to register the suit and to decide the same in accordance with law.
12. The plaint filed by the petitioner would be permitted to be filed again alongwith the requisite document and the Court fees which shall be decided in accordance with law on merit.
13. Present petition stands allowed in above terms.
Order Date :- 8.8.2025 nishant Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench