Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 26327 of 2020 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J.
HON'BLE AMITABH KUMAR RAI, J.
1. Petitioner being aggrieved by enhancement of rent by Nagar Palika has approached this Court by filing the present writ petition with the following reliefs :-
“I. Issue a writ, order, or direction in the nature of certiorari to quash the Item No.4 of the Resolution dated 02.06.2018 passed by Respondent No.3 (Annexure No.3 to this Writ Petition). II. Issue a writ, order, or direction in the nature of certiorari to quash notices dated 05.03.2020 and 18.08.2020 (Annexure No. 4 and 5 to this Writ Petition). III. Issue a writ order or direction in the nature of Mandamus commanding the Respondent No.3 and 4 not to evict the Petitioner from Shop No.2 Main Bazar Tanki Adda, Mohalla Nanoo Khan Kasba Gulaothi, District- Bulandshahr. IV. Issue a writ order or direction in the nature of Mandamus commanding the Respondent No.3 and 4 to accept the rent from the Petitioner of Shop No.2 Main Bazar Tanki Adda, Mohalla Nanoo Khan Kasba Gulaothi, District- Bulandshahr, at the rate of Rs. 489/- per month.”
2. In the counter affidavit in paragraph no. 10 it has been averred that association of tenant of Nagar Palika Parishad have submitted their representations on 27.09.2021 to respondent no. 4/Executive Officer for reducing rent. The said request was considered in the board meeting held on 17.11.2021 and the board has resolved that rent be reduced subject to condition that cases be withdrawn by the tenants and that they deposit the arrears of rent. 3. In view of the aforesaid averments in the counter affidavit counsel for the petitioner submits that the petitioner may be permitted to file detailed representations before respondent no. 4 ventilating all his grievances with Versus Counsel for Petitioner(s) : Alok Kumar Yadav, Ishwar Chandra Tyagi Counsel for Respondent(s) : C.S.C., Manu Saxena, Vivek Saran Saddique .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
regard to enhancement of rent and the same may be considered by respondent no. 4 strictly in accordance with law. 4. In such view of the fact, the writ petition is disposed of permitting the petitioner to file detailed representation before respondent no. 4 within a period of one month from today after depositing half of the arrears due to the petitioner before respondent no.
4, who shall thereafter consider and decide the representation of the petitioner as well as representation of the association of tenants within a period of three months in accordance with law after giving due notice and opportunity of hearing to petitioner. 5. For the period of four months, the eviction of the petitioner’s shop shall remain stayed. September 9, 2025 sailesh WRIC No. 26327 of 2020 2 (Amitabh Kumar Rai,J.) (Saral Srivastava,J.) Digitally signed by :- SAILESH PRAJAPATI High Court of Judicature at Allahabad