SHAILENDRA KUMAR SAHU AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. REVENUE DEPTT. LKO. AND ANOTHER
/6791/2025 · 2025-11-20
body2025
DailyLaw.ai
[ 2025 DAILYLAW 186069 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 186069 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 6791 of 2025 Court No. - 8 HON'BLE MANISH KUMAR, J. Heard. Present petition has been preferred with following main prayer:-
"a) Direct the learned Additional District Judge-III, Lucknow to decide the Rent Appeal No. 62/2012, Lucknow under Section 22 of UP Act, XIII, Ashok Kumar Vs/ Santosh Kumar and another expeditiously within stipulated period, as fixed by this Hon'ble court, in the interest of justice." Learned counsel for the petitioners has submitted that the petitioners being the landlord of the building had filed an application under Section 21(1)(a) of U.P. Act No. XIII of 1972 for eviction of the shop in which the respondent no. 2 is the tenant. The Small Causes Court no. 2 had decided the matter on 18.09.2012 for eviction from two shops in the tenancy of respondent no. 2. Against the said judgment, a Rent Appeal No. 62 of 2012 under Section 22 of the U.P. Act XIII has been preferred by the respondent no. 2 in the year 2012, which is pending from last more than 13 years. It is further submitted that the matter is now fixed for final argument, which could be seen from the order dated 06.10.2025 and after hearing partly the matter was fixed for 16.10.2025 for further argument and on that date, the counsel for the appellant was not present. It is therefore, prayed that some direction may be issued to the learned Additional District Judge-III, Lucknow to decide the rent appeal within a period stipulated by this Court. After hearing learned counsel for the applicant, going through the record of Versus Counsel for Petitioner(s) : Suresh Kumar Upadhyay Counsel for Respondent(s) : C.S.C. Shailendra Kumar Sahu And Another .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Revenue Deptt. Lko. And Another .....Respondent(s)
the case and the submission made by the learned counsel for the petitioners, it is found that the rent appeal is pending since the year 2012 i.e. more than 13 years due to which, the petitioners being landlord are being deprived to utilize the shop, thus, Additional District Judge-III, Lucknow is directed to decide the Rent Appeal No. 62/2012, Lucknow (Ashok Kumar Vs.
Santosh Kumar and another) expeditiously after giving opportunity of hearing to the parties concerned and without providing any unnecessary adjournment to either of the parties, if there is no other legal impediment. With aforesaid directions, petition is disposed of. November 20, 2025 Ashish A227 No. 6791 of 2025 2 (Manish Kumar,J.) Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench