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2025 DAILYLAW 82812 (ALL)

MOHD. SALEEM v. STATE OF U.P. AND 2 OTHERS

WRIA/11239/2025 · 2025-08-05

Chandra Kumar Rai

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:132714 Court No. - 37 Case :- WRIT - A No. - 11239 of 2025 Petitioner :- Mohd. Saleem Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Piyush Shukla,Pratyush Shukla Counsel for Respondent :- C.S.C. Hon'ble Chandra Kumar Rai,J. 1. Heard Mr. Piyush Shukla, learned counsel for the petitioner and Mr. Tarun Gaur, learned Standing Counsel for the State-respondents. 2. The instant petition has been filed for the following relief: "issue a writ, order or direction in the nature of mandamus, directing to the respondent no.2/ Additional City Magistrate, Kanpur Nagar for expeditious disposal of the execution case being Case No.28 of 2021 (Mohd. Saleem vs. Sarwar Ali) under Section 16 (4) of the U.P. Urban Buildings (Regulation of Letting, Rent & Eviction) Act, 1972, filed by the Decree Holder/ Petitioner, within stipulated period so fixed by this Hon'ble Court." 3. Learned counsel for the petitioner submitted that the execution proceeding initiated in the year 2021 is still is pending before respondent no.2/ Additional City Magistrate, Kanpur Nagar. He placed the certified copy of the order sheet of the execution proceeding in order to demonstrate that the case is not proceeding expeditiously. He further submitted that Matter under Article 227 No.1412 of 2022 filed by respondent no.3/ Sarwar Ali against the order passed in the proceeding under Section 12 (1) OF U.P. Act No.13 of 1972 has been dismissed by this Court by judgement dated 8.1.2025, as such, execution Court can decide the matter expeditiously. 4. Without expressing any opinion on merits of the case and keeping in view of the facts and circumstances, respondent no.2/ Additional City Magistrate, Kanpur Nagar is directed to decide the aforementioned execution proceeding after giving an opportunity of hearing to the parties in accordance with law expeditiously preferably within a period of two months from the date of production of certified copy of this order before him. 5. Accordingly, the writ petition is finally disposed of. Order Date :- 6.8.2025 Rameez Digitally signed by :- RAMEEZ AHMED High Court of Judicature at Allahabad