SAROJ MISHRA Vs. CHANDRAKANTI SINHA

JUDGEMENT

(1.) I have heard Sri Vishnu Gupta, learned counsel for petitioners and Sri A. S. Diwakar, learned counsel for respondents.

(2.) THE present writ petition has been filed for quashing the orders dated 30.9.2008 passed by learned Additional District Judge, Court No. 1, Allahabad and order dated 17.7.2001 passed by Additional Chief Judicial Magistrate, Room No. 6/Prescribed Authority, Allahabad in P. A. Case No. 15 of 2000.

(3.) SRI Vishnu Gupta, learned counsel for petitioners submits that proviso (d) is held to be mandatory and that has to be considered by prescribed authority or appellate authority regarding part of release of accommodation to satisfy the need of landlord. A copy of ground has been filed by petitioner showing therein that this ground was taken and argued before the appellate authority but appellate authority has not considered and has not recorded any finding to this effect whether if part of the accommodation in possession of petitioner is released. The same will satisfy the need of respondents-landlords. The court below was obliged to record a finding in view of judgment in Nand Kishore Awasthi v. Additional District Judge, Kanpur Nagar and others, 2006 (3) ARC 614 : 2007 (1) AWC 173. Relying upon aforesaid judgment, learned counsel for petitioners submits that this Court relying upon a judgment of the Apex Court in Smt. Raj Rani Mehrotra v. IInd Additional District Judge and others, 1980 ARC 311 (SC), has held as under :