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State Of Up Thru' Collector And Others v. Syed Naushal Ali (Subzposh) - WRIT - A No. 69345 of 2005 [2006] RD-AH 8825 (2 May 2006)


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(Court No. 51)

Civil Misc. Writ Petition No. 69339 of 2005

State of U.P through the Collector, Gorakhpur and another Versus Syed Naushad Ali


Civil Misc. Writ Petition No. 69345 of 2005

State of U.P through the Collector, Gorakhpur and another Versus Syed Naushad Ali

Hon'ble S.U.Khan J

Heard learned counsel for the parties.

These writ petitions arises out of rent enhancement proceedings under section 21(8) of U.P. Act No. 13 of 1972.

In pursuance of order dated 9.11.2005, supplementary affidavit of Rajesh Dhar Dwivedi, Area Rationing Officer, District Supply Office Gorakhpur sworn on 8.12.2005 has been filed. In the annexure to the said supplementary affidavit a map has been annexed showing the tenanted accommodation and the adjoining accommodation in possession of the landlord. Tenanted accommodation has been bounded by thick red lines and is denoted by letter ''A', which occurs at seven places. Learned counsel for the landlord states that the land of the landlord towards east of the tenanted portion is also being used by the tenant. Learned standing counsel for the tenant petitioner denies the said fact and states that the tenant petitioner is using only the portion bounded by red lines in the said map.

It is directed that the tenant petitioner shall not use any portion except the portion bounded by red lines in the said map. Tenant shall not interfere in any manner in the actual physical possession of the landlord over his property other than the tenanted portion bounded by red lines.

In respect of rate of rent order has already been passed on 9.11.2005, fixing the same at Rs. 4000/- per month.

Accordingly both the writ petitions are disposed of with the above directions and order of the appellate court / A.D.J court No.2, Gorakhpur dated 28.7.2005 passed in Misc. Appeal Nos. 6 and 7 of 2003 is modified accordingly.




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