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2025 DAILYLAW 47377 (ALL)

RAJEEV KUMAR AGRAWAL AND ANOTHER v. THE ADDITIONAL DISTRICT JUDGE, COURT NO.2 BULANDSAHAR AND 2 OTHERS

A227/7451/2018 · 2025-08-21

Manish Kumar Nigam

Civil Appealbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:144874 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 7451 of 2018 Petitioner :- Rajeev Kumar Agrawal And Another Respondent :- The Additional District Judge, Court No.2 Bulandsahar And 2 Others Counsel for Petitioner :- Anupam Kulshreshtha Counsel for Respondent :- Aditya Bhushan Singhal,Bhanu Prakash Verma,C.S.C.,Pramod Kumar Singh,Rahul Pandey,Shashi Bhushan,Suresh Chandra Dwivedi Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. This petition has been filed challenging the order dated 23.5.2018 passed by the Additional District Judge, Court No.2, Bulandshahar, dismissing the civil appeal No.85/2016, filed by the petitioners under the provisions of Uttar Pradesh Public Premises (Eviction of Unauthorized Occupants), Act, 1972 as well as the order dated 21.3.2016 passed by the Prescribed Authority. The shop-in-dispute was let out to the petitioner by Zila Panchayat, Bulandshahar. 3. Learned counsel appearing for the respondents has submitted that similar matters wherein shops were let out by the Zila Panchayat, Bulandshahar came up before this Court and has been decided by judgment and order dated 14.2.2023 passed in Matters Under Article 227 No.1575/2023 (Shri Ram Khullar and 6 others vs. The Zila Panchayat Bulandshahar and 3 others). 4. Learned counsel for the petitioners has not disputed the position as stated by learned counsel for the respondents. 5. In view thereof, no relief can be granted to the petitioners. 6. The writ petition fails and is accordingly, dismissed. 7. At this stage, Mr. Anupam Kulshreshtha, learned counsel for the petitioners comes up with a plea that some reasonable time may be granted to the tenants to vacate the demised shop on a solemn undertaking that the same would be vacated and peaceful and vacant possession delivered to be Zila Panchayat. 8. In the totality of circumstances, this Court thinks that three months time for the purpose ought to be granted, but subject to an undertaking to this effect being furnished by the tenants on an affidavit before the City Magistrate, Bulandshahar, clearly stating that the petitioners shall vacate the demised shop on or before 21.11.2025. The undertaking as aforesaid shall be furnished within a period of 15 days. 9. In the event of the default in furnishing the undertaking or failure to deliver peaceful and vacant possession on or before the date fixed for vacation, the order of eviction shall become executable forthwith Order Date :- 22.8.2025 Rishabh [Manish Kumar Nigam, J.] Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad