KALI RAM Vs. AKTHAR JAHAN

JUDGEMENT

(1.) YATINDRA Singh, J. Respondents 1 to 3 filed an application for release of shop in question under Section 21 (1) of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (the Act) on the ground of personal need. This applica tion was filed some time in the year 1992. Notice of the application was served on the petitioner in the year 1994. Thereafter ap plication was allowed ex pane in February, 1995. Petitioner filed an application on 16th June, 1995 for setting aside the exparte order dated 17th February, 1999. This ap plication was rejected by the Prescribed Authority on 25-3-1996. The appeal of the petitioner was also rejected on 4-10-1999, hence the present writ petition.

(2.) I have heard Sri Anil Bhushan holding brief of Sri Ashok Bhushan, coun sel for the petitioner and Sri C. B. Singh counsel for contesting respondents. Sri Bhushan has argued that shop in question is situate in district Almorah which is in Kumaun division and that there was strike and complete 'band' in support of Uttarakhand; it is for this reason petitioner could not come to the Court and in the Court below he also filed medical certifi cate. The fact that there was agitation in support of separate state of Uttarakhand; it is matter of judicial notice can be taken. The petitioner was also ill. In view of the same the Prescribed Authority committed illegality in not setting aside the ex pane order dated 17th February, 1995.