MUMTAZ BEGUN Vs. DISTRICT JUDGE

JUDGEMENT

(1.) The premises in dispute is shop No. 63/2 situated in Mohalla Ganeshganj, district Jalaun, The petitioner is landlady of the same. She moved an application against respondent No. 2 for release of the disputed shop under Section 21 (1) (a) of U. P. Act No. XIII of 1972. (here-in-after referred to as an 'Act'). The application for release is Annexure-1 to the petition, in which she alleged that she had eight sons and three daughters. That her son Noor Mohd. has taken diploma in technical education. That he could not find any suitable service and, therefore, want to establish himself in the disputed shop by starting business connected with motor mechanism. It is contended that there is no other place for him to start the business and, therefore, he is unsettled in life.

(2.) Learned prescribed authority allowed the application for release on 6.8.1984 by judgment, Annexure-2 to the petition. Against that order, the respondent No. 2 preferred Appeal No. 20 of 1994, under Section 22 of the Act. The same have been allowed on 15.11.1994 by order, Annexure-3 to the petition and the release application has been rejected and the order of the prescribed authority has been set aside.

(3.) The petitioner landlady has, therefore, approached this Court under Article 226 of Constitution of India to quash the impugned order, Annexure-3 to the petition and restoration of the order, Annexure-2 to the petition.