Neutral Citation No. - 2025:AHC:74872 Court No. - 2 Case :- WRIT - A No. - 6269 of 2025 Petitioner :- Rajendra Kanchan And Another Respondent :- Avinash Agrawal Counsel for Petitioner :- Kamlesh Kumar Tiwari Counsel for Respondent :- Rishikesh Tripathi Hon'ble Neeraj Tiwari,J. 1. Heard Sri Kamlesh Kumar Tiwari, learned counsel for petitioners and Sri Rishikesh Tripathi, learned counsel for respondent. 2. At the very out set, learned counsel for petitioners submitted that due to mistake of clerk, prayer no. (ii) has wrongly been typed, therefore, he may be permitted to delete the same, which is not objected by learned counsel for respondent. 3. Accordingly, learned counsel for petitioner is permitted to delete prayer no. (ii) during the course of the day. 4. Learned counsel for petitioner submitted that respondent/plaintiff has filed P.A. Case No. 31 of 2021 under the provisions of Act No. 13 of 1972, upon which petitioner/defendant has filed objection stating that said P.A. Case is not maintainable as it should have been filed under the provisions of Act No. 16 of 2021, but his objected was rejected vide impugned order dated 18.03.2025. Therefore, order may be quashed. 5. At this stage, Sri Rishikesh Tripathi, learned counsel for respondent submitted that under the incorrect advise, P.A. case has been filed under the provisions of Act No. 13 of 1972, therefore, petition may be allowed with liberty to the respondent-landlord to file fresh P.A. case under the provisions of Act No. 16 of 2021. 6. Sri Kamlesh Kumar Tiwari, learned counsel for petitioners submitted that petitioners may be given liberty to raised objection in case new application/case is filed. 7. Therefore, under such facts, impugned order dated 18.03.2025 is hereby quashed. 8. Accordingly, writ petition is allowed with liberty to the respondent to file fresh application under the provisions of Act No. 16 of 2021. 9. No order as to costs. 10. Needless to say that once new application/case is filed, petitioner-tenant would have all liberty to file objection in accordance with law. Order Date :- 8.5.2025 Sartaj Digitally signed by :- SARTAJ AHMAD High Court of Judicature at Allahabad