ASHWINI KUMAR Vs. PRESCRIBED AUTHORITY

JUDGEMENT

(1.) THIS writ petition has been filed by the petitioner, inter alia, praying for quashing the order dated 16.10.2002 (Annexure No. 5 to the writ petition) passed by the respondent No. 1. The dispute relates to an accommodation in house No. 311 situated in Mohalla, Alahdadpur city and District Gorakhpur. The said accommodation has hereinafter been referred to as "disputed accommodation".

(2.) FROM the allegations made in the writ petition, it appears that the petitioners filed a release application under section 21(1)(a) of the U.P. Act No. XIII of 1972 (in short "the Act") against the respondent No. 2 for the release of the disputed said release application was allowed ex parte against the respondent No. 2 by the judgment and order dated 3.2.1999 passed by the learned Preaccommodation. The said release application was registered as P.A. No. 10.6.1998.

(3.) THEREAFTER , it appears that the petitioners sought to execute the said ex parte release order by filing the Execution Case No. 3 of 1999.