Neutral Citation No. - 2025:AHC:10770 Court No. - 4 Case :- MATTERS UNDER ARTICLE 227 No. - 3179 of 2022 Petitioner :- Izhar Ahmad Alias Chhuttan Respondent :- Mohd Furkan And 2 Others Counsel for Petitioner :- Gulrez Khan,Javed Husain Khan,Surendra Prasad Mishra Counsel for Respondent :- Bhola Nath Yadav,Iqbal Ahmad,Prem Singh Hon'ble Ajit Kumar,J. 1. Heard learned counsel for the petitioner and learned counsel for the respondents. 2. By means of this petition filed under Article 227 of the Constitution, petitioners have questioned the order dated 23.03.2021 passed by Prescribed Authority in P.A. Case No. 04 of 2018; Mohammad Furkan and others vs. Izhar Ahma @ Chuttan directing for release of the tenanted premises with a further direction to pay arrears of rent and damages as well as the order dated 02.04.2022 passed by the District Judge, Amroha In Rent Control Appeal No. 17 of 2021 affirming the order passed by the Prescribed Authority. 3. After some argument, learned counsel for the petitioner submits that petitioner intend to vacate the premises in question provided some breathing time is afforded to search for an alternative accommodation to shift the shop and remove the articles and positively within a period of 12 months, the tenant would vacate the premises in question. He claims that as per the interim order granted by this Court, petitioner is paying the rent of Rs. 3300/- per month in respect of a shop in the city of Amroha. 4. Learned counsel for the respondents submits that part of demised premises belongs to the petitioner himself in which he can construct the wall and enjoy his own portion, however, he does not have any objection to the above prayer seeking time provided the time granted is short one and the Court binds the petitioner by stringent conditions so that he vacates the shop by the end of the period that may be prescribed by this Court. 5. Considering the facts and circumstances of the case, since petitioner himself intends to vacate the shop in question in favour of the landlord, I find it appropriate to dispose of this petition with the following directions: (i) Petitioner shall be submitting an affidavit of undertaking within a period of two weeks from today to the effect that he would be vacating the shop in question in any circumstances within 12 months and in any circumstances by 21.01.2026. (ii) Petitioner would be clearing all the arrears of rent, if any, at the rate at which he was paying within a period of one month from today, however, whatever amount already deposited shall be adjusted against the arrears, and he shall continue to pay Rs. 3,300/- per month as damages towards use and occupation of tenanted premises in question on 7th day of every calendar month. 6. In the event both the above directions are complied with, the petitioners shall not be evicted from the shop in question pursuant to the impugned order dated 23.03.2021 passed by the Prescribed Authority in in P.A. Case No. 04 of 2018; Mohammad Furkan and others vs. Izhar Ahma @ Chuttan, affirmed vide order dated 02.04.2022 passed in Rent Control Appeal No. 17 of 2021 by the District Judge, Amroha until 21.01.2026. 7. However, it is clarified that in the event of default in either paying the arrears of rent, if any due, as directed herein above or in the payment of monthly damages which is to be paid on every 7th day of calendar month, the interim protection granted herein above, shall cease to operate and petitioner shall be liable to be evicted from the property in question pursuant to the order impugned here in this petition. 8. With the aforesaid observations and directions, this petition stands disposed of. Order Date :- 22.1.2025 Shiraz Digitally signed by :- SHIRAZ ALI High Court of Judicature at Allahabad