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2025 DAILYLAW 25628 (ALL)

SMT. KAMLA DEVI GUPTA AND 3 OTHER v. MOOLCHANDRA AND ANOTHER

WRIA/2671/2025 · 2025-03-03

Ajit Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:29953 Court No. - 4 Case :- WRIT - A No. - 2671 of 2025 Petitioner :- Smt. Kamla Devi Gupta And 3 Other Respondent :- Moolchandra And Another 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. 2392 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 under the order sheet of the court vide order of the rent authority dated 24.05.2024 and thereafter, the 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 at the first instance that the publication should have been made in the newspaper of Judgeship of Kanpur and in the event publication 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