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2025 DAILYLAW 45107 (ALL)

MUKESH KUMAR KASHYAP v. ADDITIONAL DISTRICT MAGISTRATE (CITY) AND ANOTHER

WRIA/5240/2025 · 2025-04-22

Neeraj Tiwari

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:61720 Court No. - 2 Case :- WRIT - A No. - 5240 of 2025 Petitioner :- Mukesh Kumar Kashyap Respondent :- Additional District Magistrate (City) And Another Counsel for Petitioner :- Raj Kishore Dubey Counsel for Respondent :- C.S.C.,Jai Singh Chandel,Sanjay Kumar Srivastava Hon'ble Neeraj Tiwari,J. 1. Heard Sri Raj Kishore Dubey, learned counsel for the petitioner and Sri Sanjay Srivastava, learned counsel for the respondents. 2. At the very outset, learned counsel for the respondents informed that after impugned order dated 24.09.2024, respondent has filed Case No. 3062 of 2024, which was allowed vide order dated 18.03.2025 with direction to petitioner to vacate the shop in question along with rent @ Rs. 700/- per sq. meter and other dues. The said order has not been challenged. Therefore, in light of this fact, now petition is infructuous. 3. Learned counsel for the petitioner submitted that petition may be dismissed as not pressed with liberty to challenge the order dated 24.09.2024. 4. Under such facts and circumstances of the case, writ petition is dismissed with liberty to the petitioner to challenge the order dated 24.09.2024. 5. At this stage, learned counsel for the petitioner submitted that there is some delay in filing the appeal to challenge the order dated 24.09.2024, therefore, Court may please to condone the same and direction may be issued to decide the appeal on merits for which learned counsel for respondents has no objection. 6. Considering the submissions raised by learned counsel for the parties, in case any such appeal is filed within 15 days from today, the same shall not be rejected on the ground of laches, but be decided on merits. Order Date :- 23.4.2025 Arvind Digitally signed by :- ARVIND KUMAR GUPTA High Court of Judicature at Allahabad