Allahabad High Court
Neerad Soni vs Addl. Distt. Magistrate /Rent ... on 16 September, 2025
Author: Sangeeta Chandra
Bench: Sangeeta Chandra
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
Neutral Citation No. - 2025:AHC-LKO:56537-DB
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
WRIT - C No. - 9113 of 2025
Neerad Soni
.....Petitioner(s)
Versus
Addl. Distt. Magistrate /Rent Authority Trance Gomti Distt. Magistrate Office Lko. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s)
:
Devendra Kumar Srivastava
Counsel for Respondent(s)
:
C.S.C.
Court No. - 2
HON'BLE MRS. SANGEETA CHANDRA, J.
HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for the State-respondents and Sri Shailendra Kumar Mishra, Advocate, who has filed his Power today on behalf of respondent no.4, which is taken on record.
2. This petition has been filed with the following main prayers:-
"i) Issue a writ order or direction in nature of Mandamus commanding and directing the opposite parties no.1 to 3 to provide the list of items to the petitioner found during eviction proceedings.
ii) issue a writ order or direction in nature of Mandamus commanding and directing the opposite parties no.1, to handover the custody of items of the petitioner in the presence of a competent officer under camera surveillance along with its comments and said comment be produced before the Hon'ble Court."
3. It is the case of the petitioner that respondent no.4 had filed a SCC Suit for eviction of petitioner under Section 21(2) of U.P. Regulation of Urban Premises Tenancy Act, 2021 mentioning the incorrect address of the petitioner, therefore, no notice could be served upon him and the Suit was allowed ex-parte by the concerned authority on 27.8.2024. The respondent no.4 thereafter filed Execution Case no.3875 of 2024 for execution of the order dated 27.8.2024 again showing the incorrect address and, therefore, the summons could not be served upon the petitioner. The execution case was decided on 5.3.2025 again ex-parte. In compliance of order dated 5.3.2025, the police entered the premises in question and got it vacated on 31.7.2025. The petitioner received a message from Sri Keshav Jha, Sub Inspector, Police Station Gudamba, Lucknow, saying that in compliance of Court's order, possession has been taken of the property and the petitioner must remove his belongings for the house in question within 2-3 days. The petitioner is now aggrieved by the action of the respondents in removing his belongings in his absence and he wishes that this Court may issue a direction to the respondents to provide a list of items belonging to him, which have been removed from the premises and possession of which, have been handed over to respondent no.4.
4. Sri Shailendra Kumar Mishra, learned counsel appearing on behalf of respondent no.4 has produced before this Court a copy of order dated 5.8.2025 passed by this Court in Writ-A No.7940 of 2025 filed by Smt. Vidya Gupta, respondent no.4 herein, wherein Smt. Vidya Gupta had essentially prayed for execution of eviction order passed by the authority concerned. Learned Standing Counsel had informed the Court that the eviction order has been complied with and the goods belonging to the tenant have been kept in the basement of the same house and on account of rain, the same could not be removed. This Court disposed of the writ petition with a direction to the Commissioner of Police, Lucknow to ensure that the goods, that are lying in the basement, are removed within a period of six weeks from the date of the said order and they should be kept in the custody of the same Commissioner of Police, in accordance with law.
5. It has been further submitted by learned counsel for respondent no.4 that the goods lying in the basement have been removed by the police in compliance of order dated 5.8.2025 passed by this Court and the same are in the possession of police and not with respondent no.4.
6. This writ petition is disposed of with a direction to the Commissioner of Police, Lucknow to ensure that the belongings of the petitioner are returned to him if such an application is made by the petitioner indicating in his application the list of goods that he had left behind. Such application should be filed by the petitioner within one week from today. The respondent no.2-Commissioner of Police, Lucknow shall decide the said application and direct for handing over of the goods of petitioner within a further period of three weeks.
(Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) September 16, 2025 Sachin