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Neutral Citation No. - 2025:AHC:84501 Court No. - 2 Case :- MATTERS UNDER ARTICLE 227 No. - 5210 of 2025 Petitioner :- Dhirendra Kumar Mishra Respondent :- State of U.P. and Another Counsel for Petitioner :- Birendra Singh,Swati Singh Counsel for Respondent :- C.S.C. Hon'ble Saral Srivastava,J.
1. Heard Ms. Swati Singh, learned counsel for the petitioner and learned Standing Counsel for the State-respondents. 2. The petitioner by means of the present petition under Article 227 of the Constitution of India has assailed the order dated 23.03.2022 passed by the Civil Judge (Senior Division), Chitrakoot in S.C.C. Case No.02 of 2018 as well as order dated 04.03.2025 passed by the Special Judge (SC/ST Act)/Additional District Judge, Chitrakoot in Civil Revision No.10 of 2023. 3. After arguing the matter at length, learned counsel for the petitioner submits that her client is ready and willing to vacate the shop in question. However, she submits that some reasonable time may be given to the petitioner to vacate the shop. 4. Considering the facts and circumstances of the case and with the consent of learned counsel for the petitioner, the petitioner is granted one year time from today to vacate and handover the shop in question to respondents/landlord subject to filing of following undertakings by the petitioner/tenant before the court below within a period of one month from today:- (i). The tenant-petitioner shall handover the peaceful possession of the house in question to the respondent/landlord on or before
19.05.2026. (ii). The tenant-petitioner shall file undertaking before the court below to the said effect within a period of four weeks from the date of receipt of certified copy of this order; (iii). The tenant-petitioner shall pay rent @ Rs.6,000/- per month by 7th day of every succeeding months and continue to deposit the same in the Court below till 19.05.2026 or till the date he vacate
the shop in question whichever is earlier and the respondent/landlord is at liberty to withdraw the said amount; (iv). The tenant-petitioner shall also state in the undertaking that he shall not create any interest in favour of the third party in the shop in question; (v). Subject to filing of the said undertaking, the tenant-petitioner shall not be evicted from the shop in question till the aforesaid period; (vi).
It is made clear that in case of default of any of the conditions mentioned above, the protection granted by this Court shall stand vacated automatically; (vii). In case the shop in question is not vacated as per the undertaking given by the tenant-petitioner, he shall also be liable for contempt. 5. Accordingly, the petition under Article 227 of the Constitution of India is disposed off. Order Date :- 20.5.2025 Sattyarth Digitally signed by :- SATTYARTH ANAND High Court of Judicature at Allahabad