Hon'ble Manish Mathur,J.
Notices on behalf of opposite parties no.1 and 2 have been accepted by learned Chief Standing Counsel, whereas Mr. Umesh Singh, Advocate has put in appearance on behalf of opposite party nos.3 and 4.
Heard learned counsel for parties and perused the records.
The instant writ petition has been filed seeking following reliefs:
"i. Issue a writ order or direction in the nature of certiorari for quashing of the notice dated 19.09.2019 by which the shop allotted to the petitioner at Gora Bazar, Purani Chungi Chauki on monthly rent basis has been canceled on wrong ascertainment facts contained as Annexure No. 1 to this writ petition, in the interest of justice.
(ii) Issue a writ order or direction in the nature of mandamus commanding the opposite party no. 4 to accept the outstanding rent of the petitioner in respect of the shop allotted at Gora Bazar, Purani Chungi Chauki, in the interest of justice.
(iii) Issue a writ order or direction in the nature of mandamus commanding the opposite party no. 4 not to dispossess the petitioner from the shop in question and further direct the opposite parties to maintain status quo, during pendency of the present writ petition.
(i) Issue any other writ, order or direction, which this Hon'ble Court may deem fit and proper under the circumstances of the case in the interest of justice.
(ii) Allow the writ petition with costs."
Mr. Vinay Misra, leraned counsel for the petitioner makes a statement at the bar that the petitioner is ready to deposit the entire outstanding amount which includes the arrears of rent, interest and other charges within a reasonable time provided by the Court. The opposite parties may not give effect to the order of cancellation of allotment of shop in question.
Mr. Umesh Singh, learned counsel appearing on behalf of opposite parties no.3 and 4 submits that the petitioner has filed a suit for permanent injunction against opposite parties no.3 and 4 which is pending.
Learned counsel for the petitioner in this regard submits that in case the petitioner is permitted to deposit the total outstanding amount and the order of cancellation of his shop is not given effect to, he would withdraw the Regular Suit No.1077 of 2019; Sanjay Jaiswal Vs. Nagar Palika Parishad, Raebarely pending in the Court of Civil Judge, Junior Division, Court No.16, Raebareli.
In this view of the matter this writ petition is finally disposed of with liberty to the petitioner to approach the opposite party no.4/Executive Officer, Nagar Palika Parishad, Raebareli by making a representation for deposit of total outstanding amount standing against the petitioner with regard to the arrears of rent, interest and other charges pertaining to the shop allotment to the petitioner at Gora Bazar, Purani Chungi Chauki, Raebareli. In case any such request is made the opposite party no.4 shall consider and take appropriate decision in accordance with law expeditiously. The decision so taken shall be informed to the petitioner. The petitioner shall make a representation along with copy of order passed today before opposite party no.4 who may take appropriate decision in accordance with law, expeditiously, say within a period of four weeks.
Order Date :- 11.2.2021 Ram.