SHIV PUJAN PATHAK Vs. ASHOK KUMAR AGARWAL

JUDGEMENT

(1.) The Present Writ Petition has been filed under Articles 226 and 227 of the Constitution of India, interalia, praying for quashing the order dated 30.10.2003 (Annexure-8 to the Writ Petition) passed by the learned Civil Judge, (Junior Division)/Prescribed Authority, Jhansi in P.A. Case No. 40 of 2000.

(2.) The dispute relates to House No. 32, Civil Lines Jhansi, the details whereof are given in the Release Application referred to hereinafter. The said House has hereinafter been referred to as "the disputed house."

(3.) From a perusal of the averments made in the Writ Petition, it appears that Radha Krishna Agrawal, predecessor-in-interest of the respondent Nos. 1 and 2 filed a Release Application under Section 21 (1) (a) of the U.P. Act No. XIII of 1972 (in shot "the Act") against the petitioner for release of the disputed house. The said Release Application was registered as P.A. Case No. 40 of 2000. Copy of the said Release Application has been filed as Annexure-2 to the Writ Petition.