RAFIQ AHMAD Vs. VTH ADDL DISTRICT JUDGE SHAHJAHANPUR

JUDGEMENT

(1.) The dispute in this case is regarding a shop situated in Biriaganj Bazar, town Tilhar, district Shahjahanpur. The respondent No. 2 moved an application for release of the said shop under Section 21(1) (a) of U.P. Act, No. XIII of 1972 against the petitioner. The said application was allowed by the prescribed authority, respondent No. 3 on 13.8.1998 by judgment. Annexure-3 to the petition. Aggrieved by that order, the petitioner preferred appeal No. 163 of 1998 which has been dismissed by respondent No. 1 on 17.4.2001 by judgment, Annexure-7 to the petition. The petitioner has, therefore, invoked extraordinary Jurisdiction of this Court under Article 226 of the Constitution of India with the request to quash both these orders and to reject the application for release.

(2.) I have heard Sri K.G. Srivastava, learned counsel for the petitioner and Sri Siddharth Verma, learned counsel for the respondent No. 2.

(3.) It is contended that the petitioner is very old tenant of the shop ; that the respondent No. 1 totally Ignored the evidence filed by the petitioner ; that the petitioner filed the affidavits of Anwar Ali, Shushil Kumar, Ram Gulam, Niyaz Ahmad, Sabbir. Shakoor Ali, Sanwar Hussain, Sharafat, "Baboo Ram, Chuttan and Mohd. Salim that is of eleven persons, which were not considered.