ANIL KUMAR Vs. DISTRICT JUDGE

JUDGEMENT

(1.) By means of the present writ petition the petitioners have approached this Court for issuance of a writ of certiorari quashing the judgments and order dated 30.4.2010 and 13.11.2003 passed by the respondent No. 1, District Judge, Meerut and the respondent No. 2, Prescribed Authority/Judge Small Causes Court, Meerut respectively whereby the release application filed by the landlord respondents under section 21(1)(b) of U.P. Act No. 13 of 1972 (For short the 'Act') has been allowed. The brief facets of the case are as follows:

(2.) After considering the material available on record, the Prescribed Authority by its judgment and decree dated 8.12.2004 allowed the release application of the landlord and recorded a finding that the building in question is in a dilapidated condition and requires demolition and reconstructions and therefore the same be released in favour of the landlord.

(3.) Being aggrieved and dissatisfied with the said judgment and order of the Prescribed Authority, the tenant petitioners filed an appeal before the Appellate Court which was allowed vide judgment and order dated 8.12.2004. Against the said order the respondent landlord filed a writ petition, being Civil Misc. Writ Petition No. 4334 of 2005, Raman Gupta and others v. Anil Kumar and others which was allowed by this Court on 4.12.2009 and the order dated 8.12.2004 was quashed, and the matter was remanded back to the Appellate Court for deciding the matter afresh within three months from the date of presentation of a certified copy of that order in view of the observations made therein as well as on the basis of relevant record, While passing the said order the writ Court also granted liberty to the parties to lead their evidence regarding condition of the building in question.