Court No. - 1
Case :- WRIT - C No. - 38967 of 2019 Petitioner :- Mahendra Kumar Sonkar Respondent :- State Of U.P. And 02 Others Counsel for Petitioner :- Bharat Singh Pal Counsel for Respondent :- C.S.C.,Satendra Pratap Singh
Hon'ble Ramesh Sinha,J. Hon'ble Ajit Kumar,J.
Heard Sri Bharat Singh Pal, learned counsel for the petitioner, Sri S.P.Singh, learned counsel appearing for respondent nos.2 and 3, learned Standing Counsel appearing for the State respondent and perused the record.
This petition has been preferred by the petitioner invoking our extraordinary jurisdiction under Article 226 of the Constitution of India to command the respondents to take rent of certain shop bearing no.502 of Sadar Bazar Jhansi belonging to Nagar Nigam, Jhansi.
The claim of the petitioner is that the shop was allotted to him in the year 1992 and he had paid the rent for a long period of time and thereafter the respondents have sealed the shop in the year 2017 and since then the petitioner's rent is not being accepted.
From the perusal of the documents as appended to the writ petition, we find that there is no such documents filed by which it can be demonstrated genuinely that the petitioner had allotment in his favour of the shop in question nor do we find any receipt of payment of rent by the petitioner to the Nagar Nigam against the allotment of the shop in question under which he was running his business.
In such view of the matter, prima facie we are of the opinion that the petitioner has not been able to make out any case in the writ petition nor could annex any document in support of the pleadings raised. The writ petition therefore is not tenable and is hereby rejected.
(Ajit Kumar, J.) (Ramesh Sinha, J.) Order Date :- 28.11.2019/NS