Court No. - 35
Case :- WRIT - A No. - 8432 of 2021 Petitioner :- Giriraj Garg Respondent :- Sri Rajendra Kumar And 4 Others Counsel for Petitioner :- Madhav Jain
Hon'ble Rajiv Joshi,J.
Heard Sri Madhav Jain, learned counsel for the petitioner and perused the record.
The instant writ petition has been filed for issuance of mandamus commanding the Prescribed Authority/Additional Civil Judge (Senior Division), Court No.4, Agra to decide the release application of P.A. Case No. 28 of 2017 (Giriraj Garg Vs. Rajendra Kumar and another) at the earliest within such time allowed by this Court.
Contention of learned counsel for the petitioner is that the petitioner filed a release application under Section 21 (1) (a) of U.P. Act No. XIII of 1972 in the year 2017 in which evidence was led by the parties on the basis of the affidavit, which was exchanged between the parties and on 20.02.2019 rejoinder affidavit has been filed. It is further contended by learned counsel for the petitioner that nothing has been done till today as the tenant-respondent has adopted dilatory tactics in order to delay the proceedings.
Under these circumstances, direction is issued to Prescribed Authority/Additional Civil Judge (Senior Division), Court No.4, Agra to decide the release application of P.A. Case No. 28 of 2017 (Giriraj Garg Vs. Rajendra Kumar and another) as expeditiously as possible, without granting unnecessary adjournment to either of the parties, preferably within a period of six months from the date of production of certified/computerized copy of this order.
The concerned Authority/Official shall verify the authenticity of computerized copy of this order from the official website of High Court Allahabad and shall act accordingly without waiting for submission of the certified copy of this order.
Writ petition is, accordingly, disposed of.
Order Date :- 27.7.2021 Noman