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2025 DAILYLAW 13549 (ALL)

SMT. RAJBALA v. DISTRICT MAGISTRATE MEERUT AND 3 OTHERS

WRIC/3845/2025 · 2025-10-07

Ajit Kumar, Swarupama Chaturvedi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 3845 of 2025 Court No. - 4 HON'BLE AJIT KUMAR, J. HON'BLE SWARUPAMA CHATURVEDI, J. 1. The instructions placed today are taken on record. 2. Heard Shri Manoj Kumar Pandey, learned counsel appearing for the petitioner, learned Standing Counsel for the respondents. 3. By means of this petition filed under 226 of the Constitution, petitioner has prayed for a writ of mandamus to command the respondents to remove the seal put up on the shop that was allotted to the petitioner pursuant to a rent deed executed by respondent no.3 in his favour on 29.5.2002. 4. It is contended that the rent deed was not time bound and the shop was to remain in the possession of the petitioner so long as she paid the rent as agreed between the parties. However, on his own, the respondent no.3 has proceeded to place the shop under seal. 5. Per contra, it is contended by learned Standing Counsel that since the rent agreement was for a prescribed period, with the expiry of the period petitioner was rendered not entitled to retain possession of the shop. However, learned Standing Counsel does not dispute the rent deed, copy of which has been brought on record as Annexure-2 to the petition. 6. From the perusal of the rent deed, vide its clause-3 we find that the rent was to be enhanced @ 15% at every three years and so long as the agreement remains intact between the parties, petitioner will enjoy the Versus Counsel for Petitioner(s) : Aradhana Pandey, Manoj Kumar Pandey Counsel for Respondent(s) : C.S.C. Smt. Rajbala .....Petitioner(s) District Magistrate Meerut And 3 Others .....Respondent(s) possession of shop. 7. However, these are questions of fact. In our considered view, petitioner should raise all these points before the respondent no.4. 8. It is therefore provided that in the event petitioner approaches respondent no.4 by means of a representation/ application against the act and conduct of respondent no.3 of putting her shop under seal, within a period of four weeks from today, his representation/ application shall be disposed of as expeditiously as possible preferably within a period of two months from the date of production of certified copy of this order. 9. Needless to add that the order to be passed by the competent authority, as directed herein above, shall be reasoned and speaking one after giving opportunities to all the interested parties. 10. This petition thus stands disposed of, as above. October 8, 2025 Shiv WRIC No. 3845 of 2025 2 (Swarupama Chaturvedi,J.) (Ajit Kumar,J.) Digitally signed by :- SHIV KUMAR SHARMA High Court of Judicature at Allahabad Digitally signed by :- SHIV KUMAR SHARMA High Court of Judicature at Allahabad