ASHOK KUMAR Vs. SUKHWANT SINGH
LAWS(SC)-2008-2-66
SUPREME COURT OF INDIA (FROM: UTTARAKHAND)
Decided on February 12,2008

ASHOK KUMAR Appellant
VERSUS
SUKHWANT SINGH Respondents


Referred Judgements :-

BORAKAR ENG AND FOUNDRY WORKS VS. STATE OF BIHAR [REFERRED TO]


JUDGEMENT

- (1.)Leave granted.
(2.)This is an appeal from the final judgment and order dated 21st of November, 2006 passed in Writ Petition No. 1044 of 2004 (M/S) and order dated 12th of December, 2006 in Review Application No. 314 of 2006 passed by the High Court of Uttaranchal at Nainital whereby the writ petition filed by the respondent was allowed and the review petition filed by the petitioner was dismissed.
(3.)An application for release was filed by the respondent under Section 21(1)(a) of the U.P.Act No. 13 of 1972 in respect of the premises in question before the prescribed authority which was allowed but in appeal the appellate authority allowed the appeal and rejected the release application filed by the respondent. However, in the writ application, the High Court had set aside the order of the appellate authority and allowed the release application, thereby directing the respondent to be evicted from the premises in question.


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