SMT. ANITA MISHRA v. STATE OF U.P. THRU. ADDL. DISTT. MAGISTRATE LKO. AND ANOTHER
WRIA/8141/2025 · 2025-08-12
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 153777 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 153777 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:46961 Court No. - 6 Case :- WRIT - A No. - 8141 of 2025 Petitioner :- Smt. Anita Mishra Respondent :- State Of U.P. Thru. Addl. Distt. Magistrate Lko. And Another Counsel for Petitioner :- Ayush Singh,Neelamber Misra,Sushil Kumar Singh Counsel for Respondent :- C.S.C. Hon'ble Pankaj Bhatia,J.
1. Supurdginama/spot memo and the report given by learned Standing Counsel in compliance of the order passed by this Court are taken on record. 2. Heard learned counsel for the petitioner, learned Standing Counsel for the State and Shri Atul Kumar Mishra, learned counsel for respondent no.2. 3. Present petition has been filed by the petitioner stating that in terms of an order passed by ADM, the decree was to be executed, however, despite there being no stay order passed by the appellate Court, the decree was not being executed. Subsequently, an order came to be passed by this Court on
06.08.2025. 4. Today, when the matter is taken up, learned counsel for the petitioner states that possession has been delivered to the petitioner in terms of the order passed by the ADM, however, arrears of rent as were decreed have not been paid by respondent no.2. It is further stated that after dispossession of respondent no.2, items which were lying there have been handed over through Supurdginama to the petitioner yesterday (11.08.2025). He states that he is ready and willing to return the said goods to respondent no.2. 5. Learned counsel for respondent no.2 states that in addition to the goods which have been handed over in Supurdgi to the petitioner, respondent no.2 is also entitled to remove the tin sheds which were installed by him to which counsel for the petitioner has no objection. 6. In view thereof, present petition is disposed off with direction that the goods which were handed over in Supurdgi to the petitioner shall be handed over to respondent no.2 before Station House Office, P.S. Kakori, Lucknow on 18.08.2025. 7. Both the parties shall appear before Station House Office, P.S. Kakori, Lucknow on 18.08.2025 at 4 PM who shall ensure that the goods which were given in the Supurdgi of the petitioner are handed over to respondent no.2 in his presence. 8. Respondent No.2 would be entitled to remove the tin sheds which were installed by him within a period of one week from 18.08.2025 i.e. by 25.08.2025. 9.
The petitioner would be entitled to execute the arrears of rent decree as issued by the ADM in accordance with law by moving an appropriate application. Order Date :- 12.8.2025 nishant Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench