SRI KRISHNA AGARWAL S/O RAMESH CHANDRA AGARWAL v. PRESCRIBED AUTHORITY/CIVIL JUDGE S.D. HARDOI and ANR.
WRIA/1000034/2011 · 2025-05-08
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 143299 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 143299 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:27113 Court No. - 6 Case :- WRIT - A No. - 1000034 of 2011 Petitioner :- Sri Krishna Agarwal S/O Ramesh Chandra Agarwal Respondent :- Prescribed Authority/Civil Judge S.D. Hardoi And Anr. Counsel for Petitioner :- Anurag Shukla Counsel for Respondent :- Manish Kumar Hon'ble Pankaj Bhatia,J.
1. Heard the counsel for the petitioner.
2. The present petition has been filed challenging an interlocutory order dated 22.12.2010 whereby, the landlord moved an application seeking amendment in the release application filed by praying that the premises in question was needed for personal need also.
3. The counsel for the petitioner Ms. Vibha Yadav strenuously argues that the said amendment was necessitated and filed by the landlord after a report had come that the building was not in a dilapidated condition.
4. Considering the scheme of U.P. Act No.13 of 1972, there is no bar in the landlord filing an application both under section 21(1)(a) and 21(1)(b). Thus, the amendment was rightly allowed. The same does not warrant any interference. The writ petition is dismissed.
5. It is further observed that U.P. Act No. 13 of 1972 has been repealed, as such the landlord would also be at liberty to approach the proper authorities under the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021 (U.P. Act No.16 of 2021) after withdrawing the present proceedings, if so advised in accordance with law. It is further clarified that the landlord can either pursue proceedings under the old Act or new Act.
6. In case such an application is filed by the landlord, the same shall be considered and decided within ninety days as prescribed under the statute.
7. Let a copy of this order be sent to the trial court for bringing on record. Order Date :- 8.5.2025 VNP/- Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench