SATYA NARAYAN Vs. RAYEESH

JUDGEMENT

(1.) This petition under Article 227 of the Constitution is directed against a concurrent refusal by the two Authorities below to release a shop in the tenancy occupation of respondent nos. 1, 2 and 3, in proceedings under Sec. 21(1)(a) of U.P. Act No. 13 of 1972 (for short, ' the Act').

(2.) The petitioners are the owners and landlords of a shop located at Mohalla Ajay Pal, Pargana and District Kannauj (for short 'the demised shop') the details whereof are set out at the foot of the release application dtd. 17/8/1985, moved before the Prescribed Authority. The release application was moved by the landlord, Bhikhari Lal against the tenant, Abdul Majid. The landlord and the tenant have both passed away pending proceedings before the Authorities below and this Court. It is the heirs and LRs of the landlord and the tenant who are litigating.

(3.) From the record of proceedings, it must be noted that learned counsel for the respondents has made a statement on 4/4/2009 that they do not wish to file a counter affidavit. Thereafter, they have indeed not filed a counter affidavit or sought leave to file one. The petition was formally admitted to hearing on 18/9/2021 and heard forthwith. On the said date also, learned counsel appearing for the respondents stood by the waiver of their right to file a return. Thus, this petition was heard on the basis of material placed on record, annexed to the petition and judgment was reserved.