USHA RANI Vs. PRESCRIBED AUTHORITY

JUDGEMENT

(1.) Heard petitioner's counsel and learned standing counsel.

(2.) This writ petition is directed against the order dated 30.5.1998 passed by the Prescribed Authority rejecting petitioner's application moved under Section 5 of the Limitation Act for the condonation of delay in moving the restoration application.

(3.) The facts giving rise to this writ petition may be stated in short. An application for release of shop in question was moved under Section 21 (1) (a) of U. P. Act No. XIII of 1972 by respondent No. 2, since deceased. In the said application, legal heirs of the deceased-tenant were impleaded as opposite parties. The said application was contested by all the opposite parties excepting the petitioner. The said application after contest was allowed. The appeal filed by the tenant was dismissed and so also the writ petition filed before this Court. On the request made on behalf of the petitioner-tenants, this Court allowed one year's time to them for vacating the shop in question, subject to filing of an undertaking on affidavit before the prescribed authority. It further appears that the required undertaking was also filed before the executive court and for that reason, the execution of the release order was postponed. It further appears that when lime to vacate the shop in question as per the order of this Court approached, the petitioner moved an application before the prescribed authority for setting aside the order of release on the ground that she had no knowledge of the proceedings. An application under Section 5 of the Limitation Act was also moved along with the restoration application for condonation of delay, which has been rejected by the impugned order.