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2013 Supreme(All) 2968

LAXMI KANTA MOHAPATRA, RAKESH SRIVASTAVA
Ramesh Kumar – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Petitioner: S.P.S. Parmar
For the Respondent: C.S.C.,A.K. Singh

JUDGMENT

Hon'ble Laxmi Kanta Mohapatra & Rakesh Srivastava,JJ.: -

Heard Sri S.P.S.Parmar, learned counsel appearing for the petitioners and Sri A.K.Singh, learned counsel appearing for the Allahabad Development Authority, Allahabad.

2. The grievance of the petitioner is that in the year 1982 the Nagar Mahapalika Allahabad constructed the shops in Mutthiganj, Allahabad. The husband of the petitioner no.2 was a tenant in respect of shop no.3 and after his death the petitioner is in possession of the said shop. The further case of the petitioner is that though rent was received by the Development Authority, after 2001 rent is not being received in spite of repeated efforts made by the petitioners. Accordingly, the prayer in the writ application is for directing the respondent no.3 to permit the petitioner to deposit the outstanding rent and also not to evict them from their respective shops under their occupation.

3. Sri Singh learned counsel appearing for the Development Authority submitted that the writ application is not maintainable as no cause of action has arisen.

4. We find from the record that though the petitioners were tenants in respect of the shops, they did not paid rent si



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