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2025 DAILYLAW 72625 (ALL)

VIMLA DEVI v. RENT TRIBUNAL, URBAN PREMISES TENANCY, SONBHADRAADDITIONAL DISTRICT JUDGE COURT NO1 SONBHADRA AND 2

WRIA/9420/2025 · 2025-07-13

Saral Srivastava

Civil Appealbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:112853 Court No. - 2 Case :- WRIT - A No. - 9420 of 2025 Petitioner :- Vimla Devi Respondent :- Rent Tribunal, Urban Premises Tenancy, Sonbhadraadditional District Judge Court No1 Sonbhadra And 2 Others Counsel for Petitioner :- Chhaya Gupta,Sujeet Kumar Counsel for Respondent :- Anadi Krishna Narayana,C.S.C. Hon'ble Saral Srivastava,J. 1. Heard Sri Sujeet Kumar, learned counsel for the petitioner and Sri J.N. Pandey, Advocate holding brief of Sri Manish Mehrotra, learned counsel for the respondent. 2. Petitioner by means of present writ petition has assailed the impugned order dated 31.05.2025 passed by respondent no.1 in Civil Appeal No.75 of 2024 (Bank of Baroda Vs. Vimla Devi). 3. Challenging the impugned order, learned counsel for the petitioner has contended that the Appellate Tribunal has erred in law in remanding the matter to Rent Authority inasmuch as it could have decided the appeal on merit itself instead of remanding the matter to the Rent Authority. It is contended that in such view of the fact, the impugned order cannot be sustained. 4. Per-contra, learned counsel for the respondent does not dispute the aforesaid proposition of law and submits that the matter may be remanded to the Rent Tribunal to decide the Rent Appeal No.75 of 2024 on merit. 5. In view of the submission advanced by learned counsel for the parties noted above, the impugned order dated 31.05.2025 passed by respondent no.1 in Civil Appeal No.75 of 2024 (Bank of Baroda Vs. Vimla Devi) is set aside and matter is remitted to the Rent Tribunal to decide the Appeal No.75 of 2024 on merit expeditiously preferably within a period of three months from the date of production of certified copy of the order without granting any unnecessary adjournment to either of the parties. 6. In case if any adjournment is inevitable, the authority concerned may grant the same by imposing heavy cost which may not be less than Rs.1,000/-. 7. The writ petition is allowed. Order Date :- 14.7.2025 Mohit Digitally signed by :- MOHIT KUMAR KUSHWAHA High Court of Judicature at Allahabad