Court No. - 3 Case :- WRIT - C No. - 8803 of 2001 Petitioner :- Smt.Jai Devi Pandey & Another Respondent :- State Of U.P. & Others Petitioner Counsel :- S.C.Mandhyan Respondent Counsel :- C.S.C,A.K.Singh Hon'ble Amitava Lala,J.
Hon’ble Shri Kant Tripathi,J.
The petitioner has a grievance against the respondent in respect of the notice
of eviction. However admitted fact is that the petitioner has not been evicted
till now on the basis of the notice dated 20.1.2001. A rejoinder affidavit has
been filed by the petitioner by saying that he has deposited entire dues. We
find from the receipts that the deposits are made in between 2006 and 2009,
where as the writ petition was filed in the year 2001. The further fact is
available before us that a civil suit has been filed by the petitioner in which an
application has been made to withdraw the same. Therefore subject to
withdrawal of the suit and subject to calculation to be made by the authority
in respect of payments in question subsequent to the filing of the suit and
subject to meeting of the default, if any, payment shall be made expeditiously,
preferably within two months of the communication of this order. No further
effect in respect of the notice of ejectment dated 20.1.2001 (Annexure 8 and 9
to the writ petition) will be given.
With the above observations and order, the writ petition is disposed of.
No order as to costs.
Order Date :- 18.1.2010
RKSh