Allahabad High Court
KUNAL RASTOGI AND ANOTHERversusM/S. AWANTIKA AND ANOTHER
- Decided
- Bench
- Y K SRIVASTAVA
Holding
The High Court directs the Additional District & Sessions Judge to dispose of the pending rent appeal within 60 days, thereby dismissing the petition.
Summary
The petitioners, Kunal Rastogi and another, who are landlords, filed a petition under Article 227 seeking a direction to the Additional District & Sessions Judge, Court No. 14, Varanasi, to dispose of Rent Appeal No. 203 of 2025 within a stipulated period. The appeal arose from Rent Case No. 2340 of 2023, decided in favour of the petitioners under Section 21(2) of the U.P. Regulation of Urban Premises Tenancy Act, 2021, which the respondent tenants appealed. The petitioners highlighted repeated adjournments and a delay causing hardship, invoking Section 33(2) of the same Act which mandates disposal within 60 days of receipt of the application. The High Court, after hearing counsel Santosh Kumar Kesarwani, directed the lower court to conclude the appeal expeditiously, preferably within 60 days, and dispensed with notice to the respondents. The petition was disposed with the observation that no unnecessary adjournments should be granted, subject to any legal impediment.
Issues considered
- Whether the High Court can, under Article 227, direct the lower court to dispose of a pending rent appeal within the statutory period of 60 days prescribed by Section 33(2) of the U.P. Regulation of Urban Premises Tenancy Act, 2021.
Legislation cited
- U.P. Regulation of Urban Premises Tenancy Act, 2021 — s. 21(2), 33(2)
Subjects
- rent appeal
- tenancy
- expeditious disposal
- Section 33(2)
- Article 227
- landlord
- tenant
- adjournment
- High Court direction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13026 of 2026
Kunal Rastogi And Another
.....Petitioner(s)
Versus
M/S. Awantika And Another
.....Respondent(s)
Counsel for Petitioner(s) : Santosh Kumar Kesarwani
Counsel for Respondent(s) :
Court No. - 35
HON'BLE DR. YOGENDRA KUMAR SRIVASTAVA, J.
Heard Sri Santosh Kumar Kesarwani, learned counsel for the petitioners.
The present petition has been filed seeking a direction to the Additional
District & Sessions Judge, Court No. 14, Varanasi to decide Rent Appeal
No. 203 of 2025 (M/s Awantika through Proprietor Pramod Kumar Shah
and others vs. Kunal Rastogi and others), within a stipulated time period.
The petitioners have described themselves to be landlords, respondents in
the pending appeal.
It is submitted that Rent Case No. 2340 of 2023, under Section 21(2) of
the U.P. Act No. 16 of 2021, was decided in favour of the petitioners vide
order dated 19.08.2025. Against the aforesaid order, the respondent-
tenants have preferred the rent appeal which is pending.
Counsel for the petitioners has referred to the 'order sheet' of the case, a
copy whereof has been appended to the petition to point out that
proceedings were instituted on 12.09.2025 and thereafter although several
dates have been fixed but for some reason or the other, the case has been
adjourned and the delay in disposal of the appeal is causing grave
hardship to the petitioners.
Attention of the Court has been drawn to Section 33(2) of the U.P.
Regulation of Urban Premises Tenancy Act, 2021 to point out that the
Rent Tribunal is to endeavour to dispose of the case as expeditiously as
A227 No. 13026 of 2026
2
possible and not exceeding a period of 60 days from the date of receipt of
the application.
Accordingly, a prayer is made for a direction to conclude the proceedings
at an early date.
In view of the order proposed to be passed, issuance of notice to the
private respondents is dispensed with.
Having regard to the aforesaid, the present petition is disposed of with an
observation that the court concerned would make an endeavor to conclude
the proceedings of the case, which is stated to be pending before
it, expeditiously preferably within a period of sixty days, from the date of
presentation of a certified copy of this order, keeping in mind the
statutory mandate, without granting any unnecessary adjournments to
either of the parties, provided there is no other legal impediment.
(Dr. Yogendra Kumar Srivastava,J.)
September 18, 2026
Imroz
Digitally signed by :-
MOHAMMAD IMROZ KHAN
High Court of Judicature at Allahabad
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