Neutral Citation No. - 2025:AHC:36819-DB
HIGH COURT OF JUDICATURE AT ALLAHABAD
Court No. - 21
Case :- WRIT - C No. - 7921 of 2025
Petitioner :- Rajesh Kumar Jaiswal
Respondent :- The State Of Up And 8 Others
Counsel for Petitioner :- Mata Achal Mishra
Counsel for Respondent :- C.S.C.
Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J.
1. Heard Sri Mata Achal Mishra, counsel for the petitioner, Sri Anoop Trivedi, learned Senior Counsel assisted by Sri Chandra Prakash Singh, Advocate for respondents no. 4 to 9 and Sri Rajiv Gupta, learned Additional Chief Standing Counsel for the State. Sri Ravindra Kumar Mandar, District Magistrate, Prayagraj, Sri Ajay Pal Sharma, ADCP (L/O), Prayagraj, Sri Abhishek Bharti, DCP City, Prayagraj and Sri Shyam Jeet Parmila Singh, ACP, Civil Lines, Prayagraj have remained present in Court throughout the proceedings.
2. The instant petition has been put up before this Bench on basis of nomination made by the Hon'ble Chief Justice.
3. The petitioner is a practicing advocate of this Court. The prayer made in the petition is for a direction to respondents no.1, 2 and 3 to restore possession of Flat No. 15-B/G -203 Saraswati Apartment, Sarojini Naidu Marg, Civil Lines, Prayagraj alongwith entire articles of the petitioner.
4. The case of the petitioner is that he is tenant of the said flat since the year, 2008. It was let out to him by Ram Dulare Yadav, husband of respondent no.4 and father of respondents no. 5 to 9.
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The present rent is Rs.6,000/- P.M. He was paying rent initially to Ram Dulare Yadav, until his death in the year, 2021. Since thereafter, rent at the rate of Rs. 6,000/- P.M. is being deposited in the bank account of respondent no.4 i.e., Malti Devi w/o Late Ram Dulare Yadav. It is alleged that in the absence of the petitioner respondents no. 4 and 9 with the help of anti-social elements made forcible entry in the flat by breaking open the lock and they had also removed the goods from tenanted premises. Several other allegations have also been made against the private respondents which are not being noted in view of the fact that during course of hearing of the writ petition the parties have arrived at a mutual settlement resulting in resolution of all disputes and differences.
5. Sri Anoop Trivedi, learned Senior Counsel assisted by Sri Chandra Prakash Singh, Advocate have provided valuable assistance to the Court in getting the dispute resolved amicably. The settlement between the parties which has been arrived at during course of hearing after due deliberation and consent of the parties as is follows:
a) Respondents no. 4 to 9 have agreed to restore possession of the flat to the petitioner by 6 P.M. today.
b) The petitioner has agreed to pay rent/damages at the rate of Rs. 6,000/- per month to the respondent landlord for next six months by transfer of an amount of Rs. 36,000/- to the bank account of the respondent no.4 i.e., Malti Devi, within 24 hours.
c) The petitioner will be permitted to continue as tenant in the flat for six months from today i.e., till 11thSeptember, 2025. The petitioner who is present in person has made statement before this Court that he will handover peaceful possession of the flat to the respondents no.4 to 9 without any resistance on or before 11th
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September, 2025.
d) Respondents no. 4 to 9 have undertaken not to pursue the criminal case and they would file copy of the instant order before the concerned Investigating Officer so that appropriate report is submitted for closure of the criminal investigation.
e) The respondents no. 4 and 8 who are present in person, after consulting their advocate, have made statement that they will not offer any resistance in the petitioner placing his goods back in the tenanted premises.
f) The restoration of possession to the petitioner shall be monitored by the Assistant Commissioner of Police (ACP), who is present in the Court.
g) In case of violation of undertaking given by the petitioner to vacate the flat on or before 11.09.2025, he will become liable for exemplary damages and it will also be treated to be contempt of solemn undertaking given to this Court.
6. The petition is disposed of in terms of the above settlement between the parties.
Order Date :- 12.3.2025 Shubham Arya
(Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.)
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