Neutral Citation No. - 2025:AHC:118792 Court No. - 37 Case :- MATTERS UNDER ARTICLE 227 No. - 7468 of 2025 Petitioner :- Rakesh Chandra Mittal Respondent :- Santamal Pitambar Prasad Mahatma Gandhi Road, Chandausi Joint Hindu Family Through Joint Hindu Family Counsel for Petitioner :- Ajay Kumar Sharma Hon'ble Chandra Kumar Rai,J. 1. Heard Mr. Ajay Kumar Sharma, learned counsel for the petitioner/ tenant. 2. Brief facts of the case are that release application filed under Section 21 (1) (a) of Act No.13 of 1972 by landlord has been allowed by Prescribed Authority vide order dated 11.2.2025. An appeal filed by tenant / petitioner against the order of Prescribed Authority dated 11.2.2025 has been admitted on 21.2.2025 and operation of the order dated 11.2.2025 has been stayed. Landlord/ respondent filed an application along with affidavit (paper no.16B) in the pending appeal for payment of rent @ Rs.22023/- per month. Petitioner/ tenant filed his objection to the application (16-B). Learned District Judge vide order dated 3.7.2025 enhanced the monthly rent from Rs.600/- per month to Rs.25,000/- per month. Hence this petition for the following reliefs: "i. Set aside the judgment and order dated 3.7.2025 passed by learned District Judge, Sambhal at Chandausi. ii. Issue any other suitable, order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case. iii. Award the cost of the petition in favour of the plaintiff/ respondent." 3. Learned counsel for the petitioner submitted that in rent control appeal filed on behalf of the petitioner monthly rent has been enhanced in arbitrary manner from Rs.600/- to Rs.25,000/-. He placed reliance upon the interim order passed by this Court in Writ-A No.2853 of 2024 in which the rent which was enhanced during pendency of appeal was reduced taking into consideration the facts and circumstances of the case. He further submitted that the impugned interim order passed during pendency of Rent Control Appeal No.1 of 2025 should be set aside and monthly rent which has been enhanced from Rs.600/- to Rs.25,000/- should be set aside. 4. I have considered the argument advanced by learned counsel for the petitioner and perused the records. 5. There is no dispute about the fact that the Rent Control Appeal No.1 of 2025 filed by the petitioner has been admitted and the same is pending before the District Judge, Sambhal at Chandausi but the monthly rent has been enhanced from Rs.600/- to 25,000/-. 6. It is material to mention that monthly rent of the premises was Rs.600/- per month but under the impugned order the same has been enhanced to Rs.25,000/- per month which is not reasonable in the facts and circumstances of the case. 7. Considering the circumstances of the case, the order impugned passed in rent appeal should be modified to the extent that petitioner/ tenant should deposit the monthly rent @ Rs.15,000/- per month in place of Rs.25,000/- per month. 8. Considering the entire facts and circumstances of the case, the instant petition is finally disposed of directing the District Judge, Sambhal at Chandausi to decide the Rent Control Appeal No.1 of 2025 in accordance with law after affording proper opportunity of hearing to the parties expeditiously preferably within a period of three months from the date of production of certified copy of this order before him and the petitioner shall deposit rent at the rate of Rs.15,000/- per month in place of Rs.25,000/- per month during pendency of the Rent Control Appeal No.1 of 2025. The order dated 3.7.2025 passed by District Judge on Application No.16-B in Rent Control Appeal No.1 of 2025 is accordingly modified. 9. This Court has not issued notice to landlord / respondent before passing this order, as such, landlord / respondent can file recall application if he has any grievance against this order. Order Date :- 22.7.2025 Rameez Digitally signed by :- RAMEEZ AHMED High Court of Judicature at Allahabad