RAMAN LAL CHATURVEDI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Smt. Rama Goel Bansal for the petitioner and Shri Rahul Sahai for the contesting respondent No. 1.

(2.) The petition arises out of a release application under Sec. 21(1)(a) of the U.P. Act No. 13 of 1972 filed by the respondent for release of a shop and challenges the order dated 29.03.2013 passed by the Prescribed Authority allowing the release application and the order dated 27.10.2016 passed by the Additional District Judge/Special Judge, Mathura, whereby the consequential appeal has been dismissed.

(3.) The release application was filed on the ground that the respondent no. 1 required that After his death, the applicant, an original resident of Mathura had shifted to Mathura. It was also alleged that she had two daughters, the elder daughter was married and was residing in Mathura while the younger daughter is unmarried and was living with her mother. She has no means of livelihood after the untimely death of her husband, who was a professor in Baroda. During the pendency of the release application even the younger daughter was married. The younger daughter was granted an appointment in Baroda under the Dying in Harness Rules. It was also averred that the original tenant was paralysed and his son was employed at Mumbai and, therefore, the shop had been sublet.