NAZMA AND 10 OTHERS v. PRESCRIBED AUTHORITY / CIVIL JUDGE JUNIOR DIVISION SADAR PRATAPGARH AND 8 OTHERS
WRIA/3066/2024 · 2025-04-03
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 133510 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 133510 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:18603 Court No. - 6 Case :- WRIT - A No. - 3066 of 2024 Petitioner :- Nazma And 10 Others Respondent :- Prescribed Authority / Civil Judge Junior Division Sadar Pratapgarh And 8 Others Counsel for Petitioner :- Shreesh Kumar Mishra Atal,Sharad Pathak Counsel for Respondent :- Afzal Hasan,Irfan Ahmad Khan Hon'ble Pankaj Bhatia,J.
Order on I.A. No.4 of 2025:
1. The application seeks condonation of delay in filing the recall application.
2. Cause shown is sufficient.
3. The application is allowed.
4. Delay in filing the recall application is condoned.
Order on I.A. No.5 of 2025:
5. The application seeks recall of the order dated 18.02.2025.
6. Cause shown is sufficient.
7. The application is allowed.
8. Order dated 18.02.2025 and writ petition is restored to its original file and number.
Order on Writ Petition:
9. Present petition has been filed challenging the order dated 12.03.2024 passed by District Judge, Pratapgarh dismissing the appeal of the petitioner which was filed against the order dated 12.09.2017 whereby the release application filed by the landlord was allowed.
10. The order impugned indicates that release application was filed by the landlady under Section 21(1)(a) of U.P. Act No.13 of 1972 on the ground that the same was bonafidely required. The prescribed authority after considering the bonafide need and the comparative hardship decided the issues in favour of the landlady and allowed the release application. The said order was challenged in appeal. The appellate Court also through a detailed order considered the evidence and upheld the finding
with regard to bonafide need and comparative hardship in favour of the landlady.
11. In view of the specific findings recorded, after appreciation of evidence, no cause for interference is made out.
12. At this stage, learned counsel for the petitioner seeks some time to vacate the premises as the petitioner is the tenant since very long and is a poor person.
13. Considering the said submission and after hearing counsel for the respondent, subject to the petitioner executing an undertaking before the prescribed authority within a period of 15 days from today undertaking to vacate the premises and to hand over the physical possession of the same to the landlord and to no one else, he is granted ten months' time to vacate the premises. Meaning thereby, the petitioner shall vacate the premises by 31.01.2026 .
14. The overdue rent shall also be deposited by the petitioner within a period of one month from today.
15. In the event of failure in filing the undertaking or depositing overdue rent within the time as prescribed above, this order shall automatically come to an end.
16. Present petition stands disposed off in above terms.
Order Date :- 3.4.2025 nishant Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench