Allahabad High Court
MOHAMMAD YAKUBversusSTATE OF U.P. AND 4 OTHERS
- Decided
Holding
The court held that the petitioner may deposit Rs.2 lakh in four quarterly installments, and upon default the respondents may initiate eviction proceedings.
Summary
The petitioner, Mohammad Yakub, sought relief against eviction from premises allotted to him. The respondents, including the State of U.P. and a Krishi Utpadan Mandi Samiti, produced instructions indicating the premises had been used, undermining the petitioner's claim. The petitioner requested time to deposit a lump sum of Rs.2 lakh, a request unopposed by the respondents. The court, after noting the prima facie use of the premises, permitted the petitioner to pay the amount in four quarterly installments, with the first due by 31‑Oct‑2026, and warned that default would permit eviction proceedings. Thus, the petition was partially granted, allowing a payment schedule but not the full relief sought.
Issues considered
- Whether the petitioner is entitled to relief from eviction of the allotted premises
- Whether the petitioner may be granted time to deposit the required money
- What consequences follow if the petitioner defaults on the payment schedule
Subjects
- eviction
- lease
- premises
- writ petition
- deposit schedule
- default
- eviction proceedings
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 34726 of 2026
Mohammad Yakub
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Diwan Saifullah Khan
Counsel for Respondent(s) : Archit Mandhyan, Avneesh Tripathi,
C.S.C.
Court No. - 5
HON'BLE PRAKASH PADIA, J.
HON'BLE VIVEK SARAN, J.
1. Sri Avneesh Tripathi, learned counsel for the respondent no.4-Krishi
Utpadan Mandi Samiti, Jarar, District Agra has placed the instructions
dated 01.09.2026 before the Court, same is taken on record.
2. From perusal of the instructions we are of the prima facie opinion that
premises, which was allotted to the petitioner has been used hence the
relief as sought for by the petitioner could not be granted.
3. At this point of time, a prayer has been made by counsel for the
petitioner to grant some time to deposit the money.
4. The aforesaid prayer made by counsel for the petitioner has not been
opposed by the counsel for the respondents.
5. In this view of the matter, petitioner is permitted to deposit a lump sum
amount of Rs.2 lacs in four quarterly installments. The first installments
will be paid by 31.10.2026 and the remaining in three equal quarterly
thereafter. However, in the event of default respondents are free to initiate
appropriate eviction proceedings against the petitioner.
(Vivek Saran,J.) (Prakash Padia,J.)
September 16, 2026
Pramod Tripathi
Digitally signed by :-
PRAMOD TRIPATHI
High Court of Judicature at Allahabad
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