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2025 DAILYLAW 148823 (ALL)

RAJ KUMAR MANUCHA AND 19 ORS. v. ADDL.DISTT.JUDGE/SPECIAL JUDGE E.C. ACT.COURT NO.4 and ORS.

WRIA/28323/2019 · 2025-05-06

Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:26573 Court No. - 6 Case :- WRIT - A No. - 28323 of 2019 Petitioner :- Raj Kumar Manucha And 19 Ors. Respondent :- Addl.Distt.Judge/Special Judge E.C. Act.Court No.4 And Ors. Counsel for Petitioner :- Rakesh Kumar Srivastava Counsel for Respondent :- Anand Mani Tripathi,Virendra Nath Tripathi Hon'ble Pankaj Bhatia,J. 1. Heard learned counsel for the petitioners. 2. The present petition has been filed challenging the order dated 15.10.2016, whereby the SSC Suit filed by the petitioner was dismissed as well as the revisional order dated 11.07.2019, whereby the revision was dismissed. 3. Considering the revisional order, wherein a specific finding has been recorded specifically with respect to the default committed by the tenant, a finding of fact has been recorded that the tenant had paid more than what was demanded and as such, he was entitled to get the benefit of Section 20(4) of the U.P. Act No.13 of 1972. 4. As the finding of fact has been recorded, no interference is called for. However, the petitioner would be entitled to initiate fresh proceedings, if so advised, in accordance with law. In view of the fact that the U.P. Act No.13 of 1972 has been repealed, if any, suit/proceedings are filed, the findings as recorded in the impugned orders shall not come in the way of the same being decided in accordance with law. 5. The petition stands disposed of. Order Date :- 6.5.2025 Ashutosh Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench