Allahabad High Court
DR AJAY GOVILversusMOHAMMAD IRSHAD AND 2 OTHERS
- Decided
- Bench
- Y K SRIVASTAVA
Holding
The Court held that, under Section 33(2) of the Uttar Pradesh Urban Premises Tenancy Act, 2021, the Rent Authority must dispose of the pending tenancy case expeditiously, preferably within sixty days, and that notice to the respondents may be dispensed with.
Summary
Dr. Ajay Govil, a landlord, filed a writ petition under Article 227 seeking a direction to the Rent Authority/Additional District Magistrate (Finance and Revenue), Bulandshahr, to decide his tenancy case (Case No. D202311170001279) under Section 21(2) of the Uttar Pradesh Urban Premises Tenancy Act, 2021, within a stipulated period. The petition highlighted that the case, instituted on 29‑04‑2023, had been repeatedly adjourned, causing hardship to the petitioner. The Court noted Section 33(2) of the Act, which mandates the Rent Authority to dispose of cases expeditiously and not exceed sixty days from receipt of the application. The Court, dispensing with notice to the respondents, directed the authority to endeavour to decide the case within sixty days and to avoid unnecessary adjournments. The writ petition was consequently disposed of with the said direction.
Issues considered
- Whether the Rent Authority can be directed by the High Court to decide the pending tenancy case within sixty days as mandated by Section 33(2) of the Uttar Pradesh Urban Premises Tenancy Act, 2021.
- Whether notice to the respondents can be dispensed with in granting such a direction.
Legislation cited
- Uttar Pradesh Urban Premises Tenancy Act, 2021 — s. 21(2), 33(2)
Subjects
- Rent Authority
- Tenancy dispute
- Expeditious disposal
- Section 227
- Uttar Pradesh Urban Premises Tenancy Act
- Landlord-tenant
- Adjournment
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 6164 of 2026
Dr Ajay Govil
.....Petitioner(s)
Versus
Mohammad Irshad And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Amitabh Agarwal
Counsel for Respondent(s) :
Court No. - 35
HON'BLE DR. YOGENDRA KUMAR SRIVASTAVA, J.
Heard Sri Amitabh Agarwal, learned counsel for the petitioner.
The present petition has been filed seeking a direction to the Rent
Authority/Additional District Magistrate (Finance and Revenue),
Bulandshahr to decide the Case No. D202311170001279 (Dr. Ajay Govil
Vs. Mohammad Irshad and Others), under Section 21(2) of the U.P. Act,
16 of 2021, within a stipulated time period.
The petitioner has stated himself to be landlord-applicant in the case.
Attention of the Court has been drawn to the order sheet of the case
which is appended to the petition to show that the proceedings were
instituted on 29.04.2023 and thereafter although several dates have been
fixed but for some reason or other, the case has been adjourned, and the
delay in disposal of the matter is causing undue hardship to the petitioner.
Attention is also drawn to Section 33(2) of the Uttar Pradesh Urban Premises
Tenancy Act, 2021, wherein it is provided that the Rent Authority shall
endeavour to dispose of the case as expeditiously as possible and not
exceeding sixty days from the date of receipt of the application.
Accordingly, the petitioner, by way of the present petition has sought for
proceedings to be concluded expeditiously.
In view of the order proposed to be passed, issuance of notice to the
respondents is dispensed with.
A227 No. 6164 of 2026
2
Having regard to the aforesaid, the writ petition is disposed of with an
observation that the court/authority concerned would make an endeavour to
decide the aforesaid case, in accordance with law, expeditiously preferably
within a period of sixty days without granting any unnecessary
adjournments to either of the parties and keeping in view the statutory
mandate, as noted above, provided there is no other legal impediment.
(Dr. Yogendra Kumar Srivastava,J.)
May 5, 2026
Neetu
Digitally signed by :-
NEETU SINGH
High Court of Judicature at Allahabad
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