BHAJAN KAUR Vs. IIND ADDL DISTRICT JUDGE SAHARANPUR

JUDGEMENT

(1.) V. K. Shukla, J. Present writ petition has been filed by the peti tioner for quashing of the order dated 15. 7. 1996 passed by llnd Additional District Judge Saharanpur allowing the Appeal preferred on behalf of Smt. Sudharshan Devi respondent No. 3 and others under Section 22 of U. P. Act No. 13 of 1972.

(2.) BRIEF background of the case is that an application was moved under Sec tion 21 (1) (a) of U. P. Act No. 13 of 1972 requiring the shop in question for expend ing the business for benefit of petitioner No. 1 and petitioner No. 4. After said release application was filed an application for amendment was also moved that need has much more increased after filing of the said application. Written state ment was filed on behalf of respondents. Affidavit of Sardar Gurucharan Singh husband of petitioner No. 4, affidavit of Smt. Rajendra Kaur wife of petitioner No. 3 and two more affidavits were filed one of Harbinder Singh and other of Sudhir Kumar. Report of Vakil Commissioner dated 9. 9. 1993 was also brought on record. Shop in question was directed to be released. Aggrieved by aforesaid order re spondents preferred Appeal and said Appeal in question has been allowed by holding that application itself was not maintainable. At this juncture present writ petition has been filed.

(3.) FROM the side of respondents, in spite of matter is being taken up in the revised list, no one is present.