Aashi Khan v. State of U.P. Thru. Secy., Home Deptt., Lucknow and Others

Court No. - 17 Case :- WRIT - A No. - 8583 of 2023 Petitioner :- Aashi Khan Respondent :- State Of U.P. Thru. Secy., Home Deptt., Lucknow And Others Counsel for Petitioner :- Gitanjali Nayak,Salil Tripathi,Yogendra Kumar Singh Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J.

¶1Heard Ms. Gitanjali Nayak, learned counsel for the petitioner as well as learned Standing counsel for the respondents.

¶2Supplementary affidavit filed today in the Court is taken on record.

¶3By means of the present writ petition the order dated

16.10.2023 passed by Additional District Magistrate City

(East), Lucknow in case No.2968 of 2023 (Smt. Ankita Ahluwalia Vs. Smt. Aashi Khan) has been challenged whereby the petitioner has been directed to be evicted from the property situated at 46/30 (now 46/023) situated at Bhopal House, T.N.Road, Lalbagh, Lucknow.

¶4It has been submitted that against the order passed by the Prescribed Authority the petitioners have preferred an appeal in the court of District Judge, Lucknow which was listed on

16.10.2023, 31.10.2023. 2.11.2023 in which certain defects have been pointed out and the petitioners have been directed to removed from the said defects. It is further stated that the said appeal was filed along with an application for interim relief which has not been heard till date and the order of the Prescribed Authority on the other hand is being sought to be executed and the petitioner may be evicted from the disputed property. In the aforesaid circumstances prayer has been made for expeditious disposal of the application for interim relief.

¶5In view of the above, District Judge, Lucknow is directed to consider the application for interim relief filed by the petitioner and decide the same on the next date fixed or within next two dates in case there is no other legal impediment.

¶6The petitioner undertakes to cooperate and appear on each date fixed and shall not seek unnecessary adjournment.

¶7With aforesaid observations the petition stands disposed off. (Alok Mathur, J.) Order Date :- 7.11.2023 RKM. High Court of Judicature at Allahabad, Lucknow Bench