Court No. - 30
Case :- MATTERS UNDER ARTICLE 227 No. - 5231 of 2018 Petitioner :- Smt. Gayatri Devi Goyal Respondent :- Additional District Judge Iii, Agra And Another Counsel for Petitioner :- Yogesh Kumar Srivastava,Noor Muhammad
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner.
This writ petition has been filed seeking a direction to the respondent no. 1 to decide the Execution Case No. 444 of 2016, Gayatri Devi Goyal Vs. Anil Kakkar within a stipulated time.
Learned counsel for the petitioner has drawn attention to the judgment of this Court dated 30.10.2016 passed in S.C.C. Revision No. 320 of 2016, Anil Kakkar Vs. Smt. Gayatri Devi Goyal wherein on the request of the learned counsel for the revisionist three months time was granted to vacate the shop in question on giving an undertaking in the court below.
The Hon'ble Apex Court in the case of Hameed Kunju vs. Nazim 2017 (8) SCC 611 has observed that there is need of speedy disposal of execution proceedings in rent control matters.
Under such circumstances, considering the facts and circumstances of this case, without expressing any opinion on the merits of the case, the respondent no. 1, the Additional District Judge-III, Agra is directed to decide the aforesaid execution case, as expeditiously as possible, preferably within six months, in accordance with law, without granting any unnecessary adjournments and giving short dates provided there is no other legal impediment.
With the aforesaid observations, present writ petition stands disposed of.
Order Date :- 31.7.2018 p.s.