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2025 DAILYLAW 94138 (ALL)

GAUTAM THAPAR v. STATE OF U.P. AND 4 OTHERS

WRIA/13745/2025 · 2025-09-14

Chandra Kumar Rai

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 13745 of 2025 Court No. - 37 HON'BLE CHANDRA KUMAR RAI, J. 1. Heard Mr. Akshay Pratap as well as Mr. Shubham Dwivedi, learned counsel for the petitioner and Mr. Hari Mohan Srivastava, learned Additional Chief Standing Counsel for the State respondents. 2. The instant petition has been filed for the following reliefs:- "(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned letter/ order dated 9.9.2024 addressed to the Deputy Commissioner of Police (City) Commissionerate Ghaziabad in execution case No. 1884 of 2024 (Gautam Thapar Vs. Atul Garg and another) u/s 36 (1) of U.P. Act No. 16 of 2021 to the extent it does not direct for realization of the arrears of rent along with other outstanding dues/ charges from the tenant/ private respondent nos. 4 and 5 for execution of order dated 24.6.2024 passed by the Rent Authority/ respondent no.2 in case No. 947 of 2024 (Gautam Thapar Vs. Atul Garg and another) u/s 21 (2) of U.P. Act No. 16 of 2021 in letter and spirit. (ii) Issue a writ, order or direction in the nature of mandamus commanding upon the respondent authorities to expeditiously initiate the recovery proceeding against the tenant/ private respondent for realization of arrears of rent and other outstanding dues in favour of the petitioner, under the execution proceeding for execution of final order dated 24.6.2024 passed by the rent authority/ respondent no.2 in case No. 947/2024 (Gautam Thapar Vs. Atul Garg and another) u/s 21 (2) of U.P. Act No. 16 of 2021." 3. Counsel for the petitioner submitted that proceeding under Section 21 Versus Counsel for Petitioner(s) : Akshay Pratap, Sanjay Pratap, Shubham Dwivedi Counsel for Respondent(s) : C.S.C. Gautam Thapar .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) (2) of U.P. Act No. 16 of 2021 was decided by rent authority vide order dated 24.6.2024. He submitted that order dated 24.6.2024 has attained finality as stated in para No. 28 of the affidavit that no appeal or revision has been filed before the competent Court. He submitted that proceeding under Section 36 (1) of U.P. Act No. 16 of 2021 has been initiated on 9.9.2024 but till date, final order has not been passed. He submitted that a misconceived letter has been issued for delivery of possession and the possession has already been delivered to petitioner/ landlord in pursuance of the order of rent authority dated 24.6.2024. He submitted that petitioner/ landlord is entitled for his dues with respect to the rent of the accommodation in question regarding which proceeding under Section 36 (1) of U.P. Act No. 16 of 2021 has been initiated and pending. He further submitted that authorities be directed to conclude the execution proceeding within time bound period. 4. Considering the entire facts and circumstances of the case, the instant petition is finally disposed of directing the respondent no.2, Additional District Collector City Ghaziabad to conclude the execution proceeding (case No. 1886 of 2024) under Section 36 (1) of U.P. Act No. 16 of 2021 expeditiously preferably within period of two months from the date of production of certified copy of this order after affording opportunity of hearing to both the parties.. September 15, 2025 Vandana Y. WRIA No. 13745 of 2025 2 (Chandra Kumar Rai,J.) Digitally signed by :- VANDANA YADAV High Court of Judicature at Allahabad