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SMT. RENUKA DHAR versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

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Smt. Renuka Dhar v. State Of U.P. And Others - WRIT - C No. 72937 of 2005 [2005] RD-AH 6614 (29 November 2005)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Sushil Harkauli J.

Hon'ble Vikram Nath J.

Sri Anurag Khanna representing the respondents 1 to 3 has invited our attention to Clause (h) of lease deed. The word 'clinic' used therein is a word of wide connotation. However, considering the purpose of this restriction we are of the opinion that the word 'clinic' is not exhaustive and final as the use of one room of accommodation for consultation chamber  would be similar to the use by a lawyer for  his office. However, if the entire or major portion of the residential accommodation is used for clinic activity the respondent may be justified in treating it to be a violation of the terms of the lease.

It appears from the record that the petitioner had submitted reply dated 17.8.2004 and another short reminder dated 15.10.2004 copies of which are annexed as Annexure-P-4 and P-6 to the writ petition. However, while passing the impugned order dated 17/18.11.2005 (Annexure P-7 to the writ petition) the respondent has not considered the said reply and has not  inspected the premises  to find out the facts and also the nature of the user. The use of the word medical center does not necessarily lead to any conclusion.

Therefore, we allow the writ petition and set aside the impugned order and remit the matter to the Authority for passing a fresh reasoned order after getting an  inspection report and obtaining the objections of the parties on the inspection report.

Dt.29.11.2005

Hsc/72937/05


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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