The bench of Hon'ble Mrs. Sunita Agarwal, J. and Hon'ble Jayant Banerji, J. passed an interlocutory non AFR judgement in the case of Rajendra Prasad Singh v. State of U.P. and 3 ors granting the respondents time to submit the written instructions and date for next hearing was provided. The present issue arose out of the order passed by the Principal, Moti Lal Nehru Medical College, Prayagraj dated 26.11.2020 instructing the petitioners to vacate their shop which is in the premises of the Swarooprani Medical College. The learned counsels for the petitioners submitted that the lease agreement dated 13.2.1996, is for a period of 30 years and could not have been revoked in the manner as has been done by the Principal, Moti Lal Nehru Medical College and out of the 5 shops located in the hospital only 2 shops were asked to be vacated. Learned Additional Advocate General assisted by learned Additional Chief Standing Counsel, representing the respondents submitted that a (G + 3) building has been planned on the site in question and the petitioners have been asked to vacate as the land situated in the Hospital premises is needed in the public interest. The counsel for petitioners contended that there is no proposal for any construction for utilisation of the site where the shop of the petitioners is situated nor is there any proposed constructions thereon and the eviction is discriminatory and unjustified.
In order to ascertain the statement made in the Court on behalf of the Principal, Medical College, we propose to grant time to the counsels for the respondents to seek instructions. However, we do not find any good ground to grant any interim order as on today.
As prayed, put up this matter as fresh on 1.12.2020 before the appropriate Bench. In the meantime, Shri Manish Goyal, learned Additional Advocate General shall seek instructions. Written instructions be placed before the Court on the next date fixed. The interim application would be considered thereafter.
The matter is hereby released. It may not be treated as part-heard or tied-up to this Bench.