Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 170697 (ALL)

MUMTAJ AHAMAD v. STATE OF U.P. THRU. ADDL. DISTT. MAGISTRATE (ADMINISTRATIVE)/ RENT CONTROL TRIBUNAL AND 3 OTHERS

/11337/2024 · 2025-01-13

Brij Raj Singh, Rajan Roy

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:2456-DB Court No. - 2 Case :- WRIT - C No. - 11337 of 2024 Petitioner :- Mumtaj Ahamad Respondent :- State Of U.P. Thru. Addl. Distt. Magistrate (Administrative)/ Rent Control Tribunal And 3 Others Counsel for Petitioner :- Vijay Kumar Mishra,Om Prakash Dwivedi Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Brij Raj Singh,J. Shri Riyaz Ahmad Khan, Advocate and Ms. Swati Bisaria, Advocate have filed Vakalatnama on behalf of opposite party no. 4 which is taken on record. Heard. After arguing the matter at some length, learned Counsel for the petitioner accepted the fact that writ petition under Article 226 of the Constitution of India is not the appropriate remedy. He may therefore be permitted to withdraw the petition with liberty to pursue other remedies, as far as may be permissible in law. Learned Counsel for the petitioner is cautioned not to file such petitions and to render proper advise to the petitioner, as, essentially, it is a tenancy dispute and there is an order in favour of the private opposite party for execution of which proceedings have been initiated and there is a remedy of appeal against the order passed under the Rent Control Act, 2021, therefore, a writ petition before the Division Bench for the relief prayed herein is not maintainable. The writ petition is accordingly dismissed. Order Date :- 13.1.2025 Lokesh Kumar [Brij Raj Singh, J.] [Rajan Roy, J.] Digitally signed by :- LOKESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench