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2025 DAILYLAW 134967 (ALL)

MOHD. SHAMI v. ADDITIONAL DISTRICT JUDGE-II RAEBARELI AND 2 ORS

WRIA/1000035/2004 · 2025-04-30

Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:24888 Court No. - 6 Case :- WRIT - A No. - 1000035 of 2004 Petitioner :- Mohd. Shami Respondent :- Additional District Judge-Ii Raebareli And 2 Ors Counsel for Petitioner :- Anurag Srivastava,Anurag Srivastava Counsel for Respondent :- C.S.C,A.K.Jauhari Hon'ble Pankaj Bhatia,J. 1. Heard learned counsel for the petitioner and perused the record. None turned up on behalf of the respondent even in the revised call. 2. The present petition has been filed by the petitioner challenging the judgment and order dated 17.07.2001 as well as the order dated 27.09.2003 whereby the application for release of the premises under Section 21(1)(b) of U.P. Act No. XIII of 1972 was dismissed. 3. In terms of the order passed by this Court on 20.02.2019, the Commissioner inspected the premises and a report was submitted. Prima facie, the building was found to be in dilapidated condition. Against the said report, an objection has been filed. Perusal of the report as well as the tenanted premises prima facie denotes that the building is in dilapidated condition and if not demolished and reconstructed, it can be a danger to the life of the occupants. 4. Considering the inspection report, which is on record as Annexure No. 3, the present petition deserves to be allowed. The release application under Section 21(1)(b) is allowed. Both the impugned orders are set aside. The respondent-tenant shall vacate the premises within a period of three months from today. 5. The writ petition stands disposed of in terms of the above. 6. Office is directed to communicate this order to the concerned Court below forthwith. Order Date :- 30.4.2025/Arun Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench