TRIVENI PRASAD v. STATE OF U.P. THRU. PRIN. SECY. REVENUE, LKO. AND 2 OTHERS
A227/4571/2022 · 2025-04-03
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 164085 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 164085 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:18659 Court No. - 6 Case :- MATTERS UNDER ARTICLE 227 No. - 4571 of 2022 Petitioner :- Triveni Prasad Respondent :- State Of U.P. Thru. Prin. Secy. Revenue, Lko. And 2 Others Counsel for Petitioner :- Mahesh Kumar,Rajeev Mishra,Shreyash Shukla,Utkarsh Srivastava Counsel for Respondent :- C.S.C.,Dushyant Singh,Farooqahmad Hon'ble Pankaj Bhatia,J.
1. Heard learned Counsel for the petitioner as well as learned Standing Counsel and Mr. Farooq Ahmad, learned Counsel for the respondents no.2 and 3.
2. An affidavit has been filed by the petitioner today in Court, which is taken on record.
3. The Counsel for the petitioner argues that he is ready and willing to vacate the shop in question subject to certain time being granted to him. He however argues that the amount of damages awarded may be quashed.
4. The Counsel for the contesting respondents stays that any reasonable time may be granted as may be deem fit by this Court. In respect of damages also he leaves it to the discretion of this Court.
5. Considering the submissions of the Counsel for the parties, it is directed that the petitioner shall vacate and handover the actual and physical possession of the shop in question to the landlord on or before 30.06.2025. However, in case, the petitioner vacates the shop in question on or before 15.05.2025, the amount of decree of damages as passed against the petitioner shall be reduced to half of the amount awarded.
6. The petitioner shall filed an undertake within 15 days from today in the form of an affidavit before the JSC Court that he shall handover the vacated shop in question to the landlord.
7. In the event of default in filing the undertaking, the benefit granted by this order shall come to an end and the respondent- landlord would be at liberty to execute the said order of eviction in accordance with law.
8. The writ petition is disposed off in the above terms. Order Date :- 3.4.2025 akverma Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench