Faheem Khan v. State of U.P. and 2 Others

Court No. - 21 Case :- WRIT - C No. - 39974 of 2023 Petitioner :- Faheem Khan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Bhaskar Bhadra Counsel for Respondent :- C.S.C.,Sandeep Kumar Srivastava Hon'ble Manoj Kumar Gupta,Acting Chief Justice Hon'ble Donadi Ramesh,J.

¶1The instant petition has been filed praying for a writ of mandamus commanding respondent No. 2 not to recover Rs.3,15,000/- from the petitioner in pursuance of notice dated

01.10.2019 issued against respondent No. 3 and also not to harass him.

¶2Case of the petitioner is that he had given his building on rent to respondent No. 3 for a period of 11 months. He was running a nursing home from the tenanted premises. Respondent No. 2 has passed certain order against respondent No. 3 and whereunder respondent No. 3 is liable to pay Rs.3,15,000/-. As respondent No. 3 has left the tenanted premises, respondent No. 2 is harassing the petitioner and is compelling him to make the payment.

¶3Shri Sandeep Kumar Srivastava, Advocate appearing on behalf of respondent No. 2 is in receipt of instructions and the same has been placed on record. It is admitted therein that the order for payment of environmental compensation charges was passed against respondent No. 3. He submits that there is no order for recovery against the petitioner, therefore, petitioner will have no locus to file the writ petition.

¶4As it is admitted that the order for recovery is against respondent No. 3 and not against the petitioner who had only let out the premises, therefore, in case any harassment is being done to the petitioner, we are of considered opinion that the petitioner will definitely have locus to maintain the instant petition.

¶5As it is already admitted that there is no recovery against the petitioner, therefore, we dispose of the instant petition by providing that the respondents will not adopt any coercive measure against the petitioner for recovery of the amount allegedly due against respondent No. 3. Order Date :- 22.11.2023 Mukesh Kr. (Donadi Ramesh,J.) (Manoj Kumar Gupta,A.C.J.) High Court of Judicature at Allahabad