Hon'ble Sanjay Kumar Pachori,J.
We have heard Shri Sunil Kumar Pandey, learned counsel for the petitioner and Shri Vikas Budhwar, learned counsel for the respondents.
Present writ petition is preferred seeking following principal reliefs:-
"(i) issue a writ, order or direction in the nature of mandamus commanding respondent Corporation to comply with the order dated 11.12.2019 passed by this Hon'ble Court in Civil Misc. Writ Petition No.9185 of 2008 (Shambhu Nath Jaiswal vs. District Judge, Deoria and others).
(ii) issue a further writ, order or direction in the nature of mandamus commanding the respondent Corporation to clear the outstanding dues of the petitioner within a reasonable period of time as may be determined by this Hon'ble Court with interest accrued thereupon at the rate of 12 per cent."
Learned counsel for the petitioner precisely submits that the father of the petitioner entered into a tenancy agreement with one Vishambhar Lal and a registered rent deed was executed for a period of 20 years on 23.12.1949. When the period of tenancy stood lapsed, the father of the petitioner filed a suit for rent and eviction against Om Prakash etc., who were successors of the original tenant namely Vishambhar Lal. The matter was finalized up to Apex Court and it has been held that Vishambhar Lal is liable for ejectment. The aforesaid tenant has sublet the property in favour of M/s Burma Shell Oil Services and distributing Company of India Ltd, which raised necessary construction over the property. The aforesaid tenant made an application for enhancement of rent against M/s Burma Shell Oil Services. During pendency of application, the father of the petitioner made an application for impleadment and the same has been rejected by order dated 11.6.2007. By order dated 19.7.2004 passed on an application made by the tenant before the competent authority i.e. Rent Control and Eviction Officer, the rent was enhanced up to Rs.30,000/- which will be available from March 1999. He further makes submission that the respondent Corporation has not paid a single penny to the petitioner from the aforesaid rent of 108 months and now further the respondent Corporation is not paying the rent w.e.f. 01.11.2018.
Shri Vikas Vidhwar, learned counsel for the respondent Corporation, on the basis of instructions, submits that the petitioner is deliberately not accepting the rental cheques and returning them after long periods. Earlier the rental payments were going regularly to the petitioner at his address at Deoria, which he provided to the company and he was accepting the rentals also. Subsequently, he has changed his residential address and the rental cheque was returned. The cheques have been re-validated and the same are now being sent to his new address at Lucknow. The instruction is taken on record.
No useful purpose would be served in keeping the writ petition pending.
In view of above, without expressing any opinion on the merits of the issue and considering the facts and circumstances of the case and with the consent of parties, this writ petition is disposed of with direction that in case the petitioner approaches to the Territory Manager (Gorakhpur Region) Retail Territory Baitalpur Depot, Deoria/respondent no.2 and completes all the formalities, which are to be undertaken by the petitioner for payment of the rental amount including arrears of rent, within one week from today, the respondent no.2 would accord the relief, as per instructions, in further three weeks.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the applicants alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 6.1.2021 RKP