M/S Adarsh Gas Agency & Anr. v. Singh

Heard Mr. Ashish Kumar Singh. learned counsel for the petitioners and Mr. Fazal Kareem Zafari, learned counsel for the respondent.

Brief facts of the case are that proceeding under section 21(2) of U.P. Regulation of Urban Premises Tenancy Act, 2021 (hereinafter referred to as "the U.P. Act No.16 of 2021") initiated by respondent-landlord before the Rent Authority, has been registered as Case No. 1544 of 2022. In the aforementioned proceeding, an application dated 02.08.2023 was filed on behalf of petitioners/tenants stating that there is no privity of contact between the parties, as such proceeding under section 21 (2) is not maintainable. The averment was also made in the application dated 02.08.2023 to the effect that applicant/plaintiff is not landlord, as such application under section 21 (2) of U.P. Act No. 16 of 2021 is not maintainable. The rent authority vide order dated 02.8.2023 rejected the application dated 2.8.2013 filed on behalf of petitioners/tenants. Hence this petition for the following relief: 2 WRIA No. 16290 of 2023 "(a). Issue a writ, order or direction in the nature of certiorari to call for the record quash and set aside the order dated

26.08.2023 (Annexure No.1) passed by Prescribed Authority/Additional district Magistrate (Administration) Saharanpur in Case No.1544 of 2022 (Brijbhushan Vs. M/S Adarsh Gas Agency). b. Issue a writ, order or direction in the nature of certiorari to call for the record quash and set aside the entire proceedings of Case No.1544 of 2022 (Brijbhushan Vs. M/S Adarsh Gas Agency) pending in the Court of Additional District Magistrate (Administration) Saharanpur. "

This Court entertained the matter on 6.10.2023 and stayed the further proceedings of Case No. 1544 of 2022 till the next date fixed in the matter. In pursuance of order dated 6.10.2023, parties have exchanged their pleadings. During pendency of the Case No.1544 of 2022, application under section 21 (2) of U.P.Act No. 16 of 2021 has been decided vide order dated 6.10.2023 accordingly, rent appeal No.156 of 2023 under Section 35 of U.P. Act No.16 of 2021 has been filed by petitioners/defendants, which is pending before rent tribunal.

Learned counsel for the petitioners submitted that in spite of interim order dated 06.10.2023 passed by this Court staying the proceeding of Case No.1544 of 2022, the rent authority has decided the proceeding in arbitrary manner. He submitted that petitioners has challenged the order dated 6.10.2023 passed by Rent Authority in Appeal under Section 35 of U.P. Act No.16 of 3 WRIA No. 16290 of 2023 2021 before the Rent Tribunal.

On the other hand, learned counsel for the respondents submitted that in view of filing of Rent Appeal No. 156 of 2023 by the petitioners before the Rent Tribunal, the instant petition has become infructuous.

I have considered the arguments advanced by learned counsel for the parties and perused the records.

There is no dispute about the fact that Rent Authority has decided the proceeding under section 21 (2) of U.P. Act No.16 of 2021 vide order dated 6.10.2023 and Rent Appeal No.156 of 2023 filed by petitioners is pending before Rent Tribunal.

The certified copy of the grounds of Rent Appeal No. 156 of 2023 has already been taken on record which demonstrate that Rent Appeal No. 156 of 2023 filed by petitioners is pending before Rent Tribunal.

Considering the fact that Rent Appeal under section 35 of U.P. Act No. 16 of 2021 against the order of Rent Authority dated

6.10.2023 is pending before Rent Tribunal, the instant petition is disposed of with the direction to Rent Tribunal to decide the Rent appeal No.156 of 2023 on merit in accordance with law after affording proper opportunity of hearing to the parties expeditiously. The petitioners will have liberty to raise all point in appeal under Section 35 of U.P. Act No.16 of 2021 which has been raised in this petition. September 22, 2025 PS*/Vandana (Chandra Kumar Rai,J.) PRITI SHARMA High Court of Judicature at Allahabad