High Court of Judicature at Allahabad
Case Law Search
Smt. Renuka Dhar v. State Of U.P. And Others - WRIT - C No. 72937 of 2005  RD-AH 6614 (29 November 2005)
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.
Double Click on any word for its dictionary meaning or to get reference material on it.