SANDHYA MUKARJEE AND 2 ORS. v. MOHAMMAD ASHFAQ AND 8 ORS.
WRIA/1000018/2008 · 2025-08-18
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 142716 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 142716 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:48110 Court No. - 6 Case :- WRIT - A No. - 1000018 of 2008 Petitioner :- Sandhya Mukarjee And 2 Ors. Respondent :- Mohammad Ashfaq And 8 Ors. Counsel for Petitioner :- Vinod Pandey,Amitesh Pratap Singh,Atul Kumar Dwivedi,Daya Shanker Tewari,Seema Gupta Counsel for Respondent :- Meera Jain,Aftab Ahmad,P.K.Khare Hon'ble Pankaj Bhatia,J. C.M. Application No.15407 of 2020 An application has been filed seeking recall of the order dated
17.01.2020. Cause shown is sufficient. The application is allowed. Order dated 17.02.2020 is recalled. The writ petition is restored to its original number and status.
Order on merit.
1. Heard the counsel for the petitioner and the counsel who appears for the respondents.
2. The present petition has been filed by the petitioner challenging the order dated 08.09.2003 passed by the prescribed authority whereby the application for release of the premises was rejected as well as the order dated 30.10.2007 whereby the appeal was also dismissed.
3. Considering the fact that the U.P. Act No. 13 of 1972 has been repealed by the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021 (U.P. Act No.16 of 2021), the present petition is disposed off permitting the petitioner to file a fresh application for release under the 'U.P. Act No.16 of 2021'.
4. In case such an application is filed, the same shall be considered and decided within a period of four months as prescribed under the statute. It is further clarified that the impugned orders shall not come in the way and shall not taken into consideration while deciding the application that may filed under the new Act.
5. In view of above, the writ petition is disposed off.
Order Date :- 18.8.2025 VNP/- Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench