MADHU GUPTA Vs. MANOJ KAUSHIK AND ANR.

JUDGEMENT

(1.) Heard learned counsel for the parties on the issue of maintainability of this special appeal.

(2.) From the order under appeal, it is clear that writ jurisdiction has been exercised for passing certain interim orders in a writ petition arising out of an order allowing release application under Sec. 21 (1) (b) of the U.P. Act No. 13 of 1972.

(3.) We agree with the preliminary objection raised on behalf of respondents in view of this issue having been decided earlier by a Division Bench of this Court in the case of Sudershan Singh Bedi Vs. Additional District Magistrate (Rent Control and Eviction Officer) Varanasi and others, reported in 1993 (1) Alld Rent Cases 121 , which was followed by another Division Bench judgement of this Court in the case of Krishna Murari Vs. Lakshmi Shankar Pandey and others, reported in 2013 (5) ADJ 505 .