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2025 DAILYLAW 24990 (ALL)

SMT KAMLA DEVI GUPTA AND 3 OTHER v. JOGENDRA RATHORE

WRIA/2659/2025 · 2025-03-03

Ajit Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:29951 Court No. - 4 Case :- WRIT - A No. - 2659 of 2025 Petitioner :- Smt Kamla Devi Gupta And 3 Other Respondent :- Jogendra Rathore Counsel for Petitioner :- Prakhar Tandon,Vivek Kumar Sharma Hon'ble Ajit Kumar,J. Heard learned counsel for the petitioners and perused the record. By means of this petition filed under Article 226 of the Constitution, petitioners want expeditious disposal of rent case being no. 2391 of 2023 pending before the Rent Authority, Kanpur. It is submitted that even after issuance of summons when opposite party did not appear, the court resorted to the procedure for substituted service and accordingly got the publication done and despite publication the opposite party did not appear. It has come to be so recorded in the order sheet of the court under order of the rent authority dated 24.05.2024. It was thereafter, that ex parte proceedings were directed under the order dated 13.09.2024. In the given facts and circumstances of the case, since the court is now proceeding with the matter on ex parte basis as the opposite party has failed to appear despite substituted service given effect to, it is provided that the rent authority shall ensure in the first instance that publication must have been made in a scheduled newspaper of Judgeship of Kanpur and in the event publication had been done in the scheduled newspaper, the rent authority shall proceed to decide the matter and conclude the proceedings as expeditiously as possible preferably within the statutory period prescribed under the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021. With the aforesaid observations and directions, this petition stands disposed of. Order Date :- 4.3.2025 IrfanUddin Digitally signed by :- IRFAN UDDIN SIDDIKI High Court of Judicature at Allahabad