GOVIND BALLABH Vs. DISTRICT JUDGE, ALMORA AND OTHERS

JUDGEMENT

(1.) Heard Sri Manoj Kumar Sharma and Sri H.V. Shah, Advocates for the petitioner, and Standing Counsel for the respondents no. 1 and 2 and Sri R.C. Upadhyaya for the respondents no.3 and 4.

(2.) By the present writ petition, the petitioner has prayed for a writ of certiorari quashing the order dated 23rd June, 2004 (Annexure No. 9 to the writ petition) passed by the respondent no. 2 and the order dated 16th May, 2006 (Annexure No. 9 to the writ petition) passed by the respondent no.1.

(3.) Briefly stated, an application under section 21 (1) (a) of U.P. Act No. 13 of 1972 was filed by the respondents claming the eviction of the petitioner from the shop situate in Building NO. 252 Thana Bazar, Almora of which the petitioner is a tenant at the rate of Rs. 50.00 per month. The application under section 21(1) (a) was filed by Sri Kailash Chandra Durgapal and Mahesh Chandra Durgapal stating therein that the shop in dispute in possession of the petitioner is required for their use and occupation. It was stated that the landlord is doing the business as a tenant of Deep Lal Shah, Pawan Lal Shah and they have filed a release application being Rent Control Case No. 7 of 1999 against the respondents and as such the shop is required by the landlord for their use and occupation.