Neutral Citation No. - 2025:AHC:60854 Court No. - 2 Case :- MATTERS UNDER ARTICLE 227 No. - 3686 of 2025 Petitioner :- Om Prakash Kesharwani Respondent :- Swadesh Chandra Counsel for Petitioner :- Raj Kumar Kesari Counsel for Respondent :- Shailendra Prakash Pandey Hon'ble Neeraj Tiwari,J. Heard Sri Raj Kumar Kesari, learned counsel for the petitioner and Sri Shailendra Prakash Pandey, learned counsel for the respondents. Present petition has been filed setting aside the order dated 18.07.2023 passed by Prescribed Authority/ Small Cause Judge, Allahabad in P.A. Case No. 38 of 2013 as well as order dated 04.02.2025 passed by learned Additional District Judge, Court No.21, Prayagraj in Rent Control Appeal No.160 of 2023. After some argument, when the Court was inclined to dismiss the petition with heavy cost, Sri Raj Kumar Kesari, learned counsel for the petitioner submitted that he does not want to contest this petition on merits, but considering this fact that petitioner is residing at the shop in question since long, he may be granted one year time to vacate the same. Sri Shailendra Prakash Pandey, learned counsel for the respondents has no objection to the submission raised by learned counsel for the petitioner, but he submitted that petitioner may be directed to submit affidavit to deposit the entire decretal amount and pay rent from month to month basis till the vacation of shop. I have considered the rival submissions raised by learned counsel for the parties. Considering the fact that petitioner is residing at the shop in question since long, he is granted one year time to vacate the same from today with following condition; (i) Petitioner is directed to file affidavit within two weeks from today before Prescribed Authority/ Small Causes Judge, Allahabad to vacate the shop in question within the time given by the Court; (ii) Petitioner is directed to deposit all decretal amount within four weeks from today before Prescribed Authority/ Small Causes Judge, Allahabad. In case, any amount is already deposited, same shall be adjusted against the decretal amount; (iii) Petitioner is also directed to pay rent of shop in question on month to month basis on or before 7th day of every month till the vacation of shop; (iv) In case of failure of fulfillment of any conditions so imposed by the Court, this order would lost the effect and respondents are at liberty to proceed against the petitioner in accordance with law. With the aforesaid observations, petition is disposed of. It is made clear that no liberty is given to the petitioner to file fresh petition for the very same cause of action. Order Date :- 23.4.2025 Junaid Digitally signed by :- JUNAID AHMAD High Court of Judicature at Allahabad