MADAN LAL Vs. SUSHEEL KUMAR SHARMA

JUDGEMENT

(1.) The dispute in this case is regarding a shop, part of house No. 328 situated on South Bhopa Road, Muzaffarnagar. The respondent No. 1 moved an application for its release against the petitioner under Section 21 (1) (a) of U. P. Act No. XIII of 1972 (hereinafter referred to as "Act"). The application was contested by the petitioner. It was rejected by the prescribed authority on 27.10.1997 by judgment. Annexure-10 to the writ petition. Aggrieved by that order, the respondent No. 1 preferred appeal No. 28 of 1997 under Section 22 of the Act, the appeal has been allowed on 28.3.2001 by Judgment, Annexure-11 to the writ petition and the shop has been released in favour of the respondent No. 1 by the respondent No. 2. The petitioner has, therefore, preferred this writ petition invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India with the request that the order dated 28.3.2001, Annexure-11 to the writ petition, be quashed.

(2.) An application for redelivery of possession of the disputed shop purported to be under Sections 144 and 151, C.P.C. has also been moved by the petitioner on the allegations that forcible and illegal possession of the shop was obtained by the respondent No. 1 on 12.4.2001.

(3.) I have heard Sri Pramod Jain, learned counsel for the petitioner and Sri Ravi Agarwal, learned counsel for the respondent No. 1.