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2025 DAILYLAW 9827 (UTT)

VIRENDRA SINGH v. SAROJINI DEVI

WPMS/2108/2024 · 2025-02-17

Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:1040 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS No. 2108 of 2024 Hon’ble Manoj Kumar Tiwari, J. 1. 1. Mr. D.C.S. Rawat, learned counsel for the petitioner. 2. Mr. Vikas Bahuguna, learned counsel for the respondents. 3. Petitioner is tenant in respect of a shop situate at House No. A-218, Ward No. 4, Pauri, which belongs to respondent no. 1 – Smt. Sarojini Devi. The landlady (respondent no. 1 herein) filed an application seeking release of the shop under Section 21 (1)(a) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. The said application was allowed by Prescribed Authority, vide judgment dated 07.12.2019. Petitioner challenged the release order passed by Prescribed Authority in Appeal under Section 22 of the aforesaid Act. His Appeal has been dismissed by learned learned District Judge, Pauri Garhwal, vide judgment dated 20.06.2024. Thus, feeling aggrieved by these two judgments, petitioner has approached this Court. 4. Mr. D.C.S. Rawat, learned counsel appearing for petitioner submits that he is not challenging the judgment impugned in the writ petition on merits and he has instructions to make a statement that petitioner will vacate the shop in question, if eighteen months time is given to him for the purpose. 5. Mr. Vikas Bahuguna, learned counsel for the respondents fairly submits that if petitioner is willing to pay ₹2,500/- per month as use and occupation charges 2025:UHC:1040 w.e.f. February, 2025, then he has no objection if twelve months time is given to him for vacating the shop. 6. In view of consensus between the parties, the writ petition is disposed of with the following directions: (i) Petitioner shall file an undertaking in the shape of affidavit before the Prescribed Authority that he will vacate the premises in question on or before 15.02.2026. Such affidavit shall be filed by him, positively within three weeks from today. (ii) Petitioner shall pay ₹2,500/- per month, excluding all charges, taxes etc. for use and occupation of the shop w.e.f. February, 2025 till 15.02.2026, on or before 7th day of each succeeding month. (iii) Petitioner shall not sublet the property to anyone else, nor make any structural changes in the building in question, without written permission of the landlord. (iv) In the event of breach of any of the aforesaid conditions by petitioner, then he shall be liable to be evicted forthwith from the premises in question and he will not be entitled to protection of this order. (Manoj Kumar Tiwari, J.) 17.02.2025 Aswal 2025:UHC:1040