SURESH CHAND GUPTA Vs. ANUJ SINGHAL
LAWS(ALL)-2003-11-241
HIGH COURT OF ALLAHABAD
Decided on November 18,2003

SURESH CHAND GUPTA Appellant
VERSUS
Anuj Singhal Respondents

JUDGEMENT

S.P. Mehrotra, J. - (1.)THE present writ petition has been filed by the petitioner under Article 226 of the Constitution of India, inter alia, praying for quashing the orders dated 11.11.2003 and 13.11.2003 (Annexure Nos. 4 and 5, respectively to the writ petition) passed by the learned Additional District Judge, Court No. 13, Meerut (Appellate Authority). The dispute relates to a shop situated in Premises bearing old number 562, 563, 564 and new number 3, Ward No. 19 Swami -pada, Meerut, the details whereof are given in the release application referred to hereinafter. The said shop has hereinafter been referred to as the "disputed shop".
(2.)FROM a perusal of the Writ Petition and the Annexures thereto, it appears that the respondent filed a release application under section 21(1)(b) of the U.P. Act No. XIII of 1972 (in short "the Act") against the petitioner for release of the disputed shop. The said release application was registered as P.A. Case No. 23 of 1999. Copy of the said release application has been filed as Annexure No. 1 to the writ petition.
It further appears that by the judgment and order dated 18.8.2000 (Annexure No. 2 to Writ Petition), the said release application filed by the respondent under section 21(1)(b) of the Act in respect of the disputed shop was allowed by the Prescribed Authority/Judge, Small Cause Court, Meerut. Thereupon, it appears that the petitioner filed and appeal under section 22 of the Act which was registered as Misc. Appeal No. 234 of 2000.

(3.)IT further appears that during the pendency of said Misc. Appeal No. 234 of 2000, an application dated 5.11.2003 (paper No. 61 Ga) was filed on behalf of the petitioner, inter alia, praying for issuance of commission to Amin to make inspection of the disputed shop. Copy of the said application dated 5.11.2003 (paper No. 61 Ga) has been filed as Annexure No. 3 to the Writ Petition.


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