SAROJ PORWAR Vs. JUGAL KISHORE

JUDGEMENT

(1.) Heard Sri Pramod Kumar Jain, learned Senior Counsel assisted by Sri Rakesh Kumar Garg, learned counsel for the petitioner and Sri Shashi Nandan, learned Senior Counsel assisted by Sri Madhav Jain, learned counsel for the respondents.

(2.) This writ petition has been filed praying for quashing of the judgment and order dtd. 16/1/2010 passed by Additional District Judge, Court No. 5, Firozabad in P.A. Appeal No. 65 of 2008 (Jugal Kishore vs. Smt. Saroj Porwar).

(3.) Petitioner filed a Release Application under Sec. 21(1)(a) of U.P. Act No. 13 of 1972 against the respondents for the release of the shop in question before Prescribed Authority, Firozabad which was registered as P.A. Case No. 13 of 2007. It was filed on the ground of bonafide need and comparative hardship pleading that the shop in question is required for daughter-in-law of petitioner, Dr. Preeti Chaturvedi, who is a doctor by profession and she wants to start a clinic in the shop in question. Her need is bonafide, genuine and pressing. The petitioner has no other property in vacant position in which she could establish her daughter-in-law and get her clinic started. Her daughter-in-law is doing nothing due to nonavailability of any shop. The shop in question is situate in the city and the same is completely suitable for the purpose of clinic. The factum of comparative hardship is also in favour of petitioner. The respondents have other properties i.e., shop at Gandhi Park Crossing. It was further pleaded that the daughter-in-law of the petitioner has right to open a clinic being a qualified doctor. On several occasions the petitioner and her husband had requested to the respondents to vacate the shop in question but the respondents have not complied, as such release application was filed.