AAFAQ AHMAD KHAN @ PAPPU v. DISTRICT JUDGE RAEBARELI and ORS.
WRIA/18279/2021 · 2025-05-22
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 141060 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 141060 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:30718 Court No. - 6 Case :- WRIT - A No. - 18279 of 2021 Petitioner :- Aafaq Ahmad Khan @ Pappu Respondent :- District Judge Raebareli And Ors. Counsel for Petitioner :- Vinay Misra Counsel for Respondent :- Arshad Ahsan Siddiqui Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the parties.
2. The present petition has been filed by the petitioner challenging the order dated 1.8.2018 passed by the Prescribed Authority whereby, the shop in question was released in favour of the landlord as well as the judgement dated 20.2.2021 whereby, the appeal preferred by the petitioner was dismissed.
3. The facts, in brief, are that the landlord had moved an application under Section 21(1)(a) of the U.P. Act No. 13 of 1972, which was registered as P.A. Case No. 8 of 2012. Subsequently, the original landlord died and his legal heirs were substituted. The shop in question was given to them as the shop in question was desired and needed bona fide with the landlord. After analyzing the evidence, the release application was allowed, particularly, when the shop in question was needed to the younger son of the landlady. The appellate court also agreed with the findings of the Prescribed Authority.
4. After arguing at some length, the counsel for the petitioner says that some reasonable time to vacate the shop in question, to which the counsel for the respondent has no objection, if reasonable time is granted.
5. In view of the said submission, the present petition is
disposed of granting time to the petitioner up to 31.03.2026 to vacate the shop in question, subject to the petitioner executing
an undertaking in the form of an affidavit before the Prescribed Authority within a period of three weeks from today to the effect that he shall vacate the shop in question and shall hand over the physical possession thereof to the landlord and to no one else. In case, such an undertaking is filed within a period of three weeks from today, the petitioner shall be entitled to retain the shop in question up to 31.03.2026. In the event of the petitioner failing to execute an undertaking in the form of an affidavit, the execution proceedings shall be concluded within a period of four months of the suit and the benefit of time granted will not be available to the petitioner.
6. Let a copy of this order be sent to the Prescribed Authority through the District Judge, Raebareli for its compliance.
Order Date :- 22.5.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench