SURESH CHAND GUPTA Vs. ANUJ SINGHAL

JUDGEMENT

(1.) THE present writ petition has been filed by the petitioner under Article 226 of the Constitution of India, inter alia, praying for quashing the orders dated 11.11.2003 and 13.11.2003 (Annexure Nos. 4 and 5, respectively to the writ petition) passed by the learned Additional District Judge, Court No. 13, Meerut (Appellate Authority). The dispute relates to a shop situated in Premises bearing old number 562, 563, 564 and new number 3, Ward No. 19 Swami -pada, Meerut, the details whereof are given in the release application referred to hereinafter. The said shop has hereinafter been referred to as the "disputed shop".

(2.) FROM a perusal of the Writ Petition and the Annexures thereto, it appears that the respondent filed a release application under section 21(1)(b) of the U.P. Act No. XIII of 1972 (in short "the Act") against the petitioner for release of the disputed shop. The said release application was registered as P.A. Case No. 23 of 1999. Copy of the said release application has been filed as Annexure No. 1 to the writ petition.

(3.) IT further appears that during the pendency of said Misc. Appeal No. 234 of 2000, an application dated 5.11.2003 (paper No. 61 Ga) was filed on behalf of the petitioner, inter alia, praying for issuance of commission to Amin to make inspection of the disputed shop. Copy of the said application dated 5.11.2003 (paper No. 61 Ga) has been filed as Annexure No. 3 to the Writ Petition.