Court No. - 1 Case :- WRIT - A No. - 42760 of 2000 Petitioner :- State Of U.P.& Others Respondent :- Ist A.D.J.& Others Petitioner Counsel :- S.C. Respondent Counsel :- C.S.C.,Pramod Jain Hon'ble Devendra Pratap Singh,J.
The following order was passed on 19th of July 2010 :
“Heard learned counsel for the parties.
It is undisputed that the respondent is the owner and landlord of house no. 266,
Station Road, Firozabad which is a double storeyed house consisting of about 6
rooms with other attending amenities. The petitioner is a tenant and the premises is
being utilized for a Police Chawki. Since the petitioner-tenant was paying a negligible
rent of Rs.75/- per month, th respondent-landlord instituted an application no.8 of
1993 under section 21 of U.P. Act No. XIII of 1972 for enhancement of rent. After
haring the parties, the Rent Controller vide order dated 17.9.1995 enhanced the rent
to Rs.4486/- per month to be paid with effect from 1.8.1993 which has been
challenged by the petitioner-tenant through this writ petition.
When the petition was entertained on 10.12.2000, no interim order was granted and
a counter affidavit has already been filed by the respondent-landlord. Despite a stop
order dated 10.5.2000, no rejoinder affidavit has been filed.
It is urged by the respondent-landlord that enhanced rent is not being paid by the
petitioner-tenant in spite of the fact that no interim order is operating only on the
premise that the present petition is pending challenging the enhancement of rent.
Accordingly, the Collector, Firozabad and the Superintendent of Police, Firozabad
are hereby directed to deposit the entire enhanced rent with effect from 1.8.1993
uptil date before the Registrar General of this Court by the next date fixed or both of
them shall appear in person to explain why the enhanced rent is not being paid
despite the fact that no interim order is operating.
Let a copy of this order be given to learned Chief Standing Counsel within forty eight
hours.
List for further orders on 13.8.2010.”
A copy of the said order was duly served on the Chief Standing
Counsel on 20th July 2010, but yet neither the officials have appeared
nor the amounts have been deposited.
Learned Standing Counsel states that there was mis-communication of
the order and another date may be given.
Without commenting upon the reason for adjourning the matter, list on
20th August 2010 by which time the aforesaid order should be
complied.
Order Date :- 13.8.2010
PKG