LALJI KESHWARWANI Vs. ADDITIONAL DISTRICT JUDGE, PRATAPGARH

JUDGEMENT

(1.) Heard Sri Manish Kumar, learned Senior Counsel assisted by Sri Atul Kumar Dwivedi, learned counsel for the petitioner and to the learned Additional Chief Standing Counsel on behalf of State respondent.

(2.) In spite of service of notice, no one has appeared on behalf of respondent Nos.2 and 3.

(3.) Factual matrix of the case is that the petitioner purchased a portion of the building including the disputed shop in occupation of respondent No.2 on 16.08.1988. A notice was issued to the respondent No.2 on 28.10.1991 under Section 106 of the Transfer of Properties Act and thereafter, an application under Section 21(1)(a) of U.P. Act No.13 of 1972 was filed for release of the disputed shop on 03.09.1994. The respondent No.2 filed written statement on 13.09.1995. The prescribed authority after hearing the parties and taking into consideration the contents of the release application as well as the written statement filed by the respondents by taking notice of the ingredients required to be considered, passed an order for release of the shop on 18.05.1996. The respondent No.2 preferred an appeal against the order passed by the prescribed authority, which was allowed dismissing the application for release filed under Section 21(1)(a) of U.P. Act No.13 of 1972.