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2023 Supreme(All) 1045

NEERAJ TIWARI
Jag Mohan Agarwal – Appellant
Versus
Kanchan Kumari Jain – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Pankaj Agarwal
For the Respondent: Sudeep Harkauli

JUDGMENT :

1. Heard Sri Pankaj Agarwal, learned counsel for petitioner and Sri Sudeep Harkauli, learned counsel for respondent.

2. Present petition has been filed seeking following reliefs:-

    “i) to issue a writ, order or direction in the nature of certiorari quashing the order dated 05.04.2023 passed by Additional District Magistrate (Civil Supply)/Rent Authority, Agra as well as impugned order dated 06.07.2022 passed by Additional District Magistrate (Civil Supply)/Rent Authority, Agra.

ii) to issue a writ, order or direction in the nature of certiorari quashing the entire proceedings of Case No. 696/2022, Smt. Kanchan Kumar Jain vs. Jagmohan Agrawal under section 10(1) of U.P. Regulation of Urban Premises Tenancy Act, 2021.”

3. Learned counsel for petitioner-defendant submitted that premises in question is a Nazul/Lease land given by the State Government/Nagar Nigam, therefore, under the exception of Section 3 of the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021 (hereinafter referred to as ‘Act No. 16 of 2021’), Act No. 16 of 2021 would not be applicable in this ca

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