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2025 DAILYLAW 38009 (ALL)

KHANDELWAL VAISHYA SHIKSHA SAMITI SANT SUNDAR DAS JUNIOR HIGH SCHOOL AND ANOTHER v. STATE OF UP AND 5 OTHERS

WRIA/4411/2025 · 2025-04-16

Neeraj Tiwari

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:56928 Court No. - 2 Case :- WRIT - A No. - 4411 of 2025 Petitioner :- Khandelwal Vaishya Shiksha Samiti Sant Sundar Das Junior High School And Another Respondent :- State Of Up And 5 Others Counsel for Petitioner :- Lal Bahadur,Ram Sajiwan Prajapati Counsel for Respondent :- C.S.C. Hon'ble Neeraj Tiwari,J. Heard learned counsel for the petitioners. By means of this petition filed under Article 226 of the Constitution, petitioners have challenged the order passed by the Additional District Magistrate (Civil Supply) Rent Tribunal, Agra dated 07.03.2025, whereby, they have enhanced the rent as an interim measure under Section 10(4) of U.P. Regulation of Urban Premises Tenancy Act, 2021. Upon perusal of the relevant provisions of Section 35 of the Act, 2021 it clearly transpires that there is a statutory remedy of appeal available to the petitioners against the order dated 07.03.2025. Nothing has been pleaded as to whether the order can be held to be without jurisdiction or to have been passed in violation of principles of natural justice so as to entertain this petition despite availability of statutory remedy of appeal. At this stage learned counsel for the petitioners submits that the period prescribed for limitation is only 30 days and so his interim application may not be considered. Since the order was passed only on 07.03.2025 and this petition was filed well within the time of limitation, it is hereby provided that in the event petitioners prefer an appeal within 10 days' from today i.e. on or before 07.05.2025, the same shall be considered on its own merit and the interim application, if any, shall also be considered for the purpose of interim relief. Subject to what has been observed above, this petition is consigned to records on the ground of availability of alternative statutory remedy of appeal. Order Date :- 17.4.2025 Arvind Digitally signed by :- ARVIND KUMAR GUPTA High Court of Judicature at Allahabad