Allahabad High Court
SMT. NEETU AGARWALversusM/S SHRI SAI DIESEL AND GENERATORS AND 2 OTHERS
- Decided
- Bench
- Y K SRIVASTAVA
Holding
The Court held that the Rent Authority must decide the pending tenancy case expeditiously, preferably within sixty days, and that notice to the tenant respondents may be dispensed with.
Summary
The petitioner, Smt. Neetu Agarwal, filed a writ petition under Section 21(2) of the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021, seeking a direction to the Rent Authority (respondent No.3) to decide her tenancy case (Case No. 1600 of 2025) expeditiously. The petitioner argued that despite several dates being fixed, the case had been repeatedly adjourned, causing undue hardship, and invoked Section 33(2) of the same Act which mandates disposal within sixty days of receipt of the application. The respondent No.3 raised no objection to expediting the proceedings. The Court, after noting the statutory mandate, dispensed with the requirement of issuing notice to the tenant respondents and directed the Rent Authority to decide the case preferably within sixty days, without unnecessary adjournments. The writ petition was disposed of with the direction to the authority to comply with the statutory time‑frame.
Issues considered
- Whether the Rent Authority is bound to decide a tenancy dispute within sixty days as mandated by Section 33(2) of the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021.
- Whether the Court may dispense with issuance of notice to the tenant respondents in a writ petition seeking expeditious disposal.
Legislation cited
- Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021 — s. 21(2), 33(2)
Subjects
- expedited disposal
- tenancy dispute
- Rent Authority
- Section 21
- Section 33
- writ petition
- adjournment
- Uttar Pradesh
- Urban Premises Tenancy Act
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 6759 of 2026
Smt. Neetu Agarwal
.....Petitioner(s)
Versus
M/S Shri Sai Diesel And Generators And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Aditi Agarwal, Prateek Kumar
Counsel for Respondent(s) : C.S.C.
Court No. - 35
HON'BLE DR. YOGENDRA KUMAR SRIVASTAVA, J.
Heard Sri Mohd. Zaid, learned counsel for the petitioner and Sri Harish
Chandra Kesari, learned Additional Chief Standing Counsel appearing for
the respondent no.3.
The present petition has been filed seeking a direction to the respondent
No.3, to decide the Case No. 1600 of 2025 (Computerized Case
No.D202513160001600) [Smt. Neetu Agarwal Vs. M/s Shri Sai Diesel and
Generators and Another], under Section 21(2) of the Uttar Pradesh
Regulation of Urban Premises Tenancy Act, 2021, expeditiously and within
a stipulated time period.
Referring to the 'order sheet' of the case, a copy whereof has been appended
to the petition, it is submitted that the case was instituted on 25.9.2025 and
thereafter although several dates have been fixed, but for some reason or the
other, the case is being adjourned and the delay in disposal of the case 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.
Counsel appearing for the respondent no.3 has no objection to the
WRIA No. 6759 of 2026
2
proceedings being expedited.
In view of the order proposed to be passed, issuance of notice to the tenant-
respondents, is dispensed with.
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 6, 2026
Arun K. Singh
Digitally signed by :-
ARUN KUMAR SINGH
High Court of Judicature at Allahabad
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