SHASHI BALA Vs. ADDITIONAL DISTRICT JUDGE/F T C III DEHRADUN & OTHERS
HIGH COURT OF UTTARAKHAND
Additional District Judge/F T C Iii Dehradun And Others
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(1.) In spite of revised call, none appears for respondent
No. 3 to argue the case. Therefore, heard learned counsel for
the petitioner and perused the record.
(2.) By means of this writ petition, the petitioner has
prayed to issue a writ or direction in the nature of certiorari
for quashing the impugned judgment and order dated
09.04.2001 passed by Prescribed Authority, Dehradun in P.A.
Case No. 50 of 1997 and judgment and order dated
30.05.2003 passed by Additional District Judge/F.T.C. III,
Dehradun in R.C.A. No. 44 of 2001, Ram Chander Chaurasia
Vs Sardar Jagjit Singh. By the impugned orders the
Prescribed Authority has rejected the release application and
the appellate court affirmed the findings of the Prescribed
(3.) Brief facts, giving rise to the petition, are that the
father of the petitioner Late Sri Ram Chander Chaurasia
filed release application, under Section 21(1)(a) of the Act No.
13 of 1972 against the defendant/respondent No. 3 Sardar
Jagjit Singh before the Prescribed Authority, Dehradun
alleging therein that he is the owner of the property bearing
No. 85 situated in Paltan Bazar, Dehradun. During the
pendency of release application, Sri Ram Chander Chaurasia
died leaving a Will in favour of Smt. Shashi Bala in respect of
the shop in dispute, hence, Smt. Shashi Bala has been added
as legal representative of the applicant. It has further pleaded
that on the ground floor of the said shop, there is a shop in
the tenancy of respondent No. 3 Sardar Jagjit Singh, who is
running the business of shoes. It has further been pleaded
that Shashi Bala (daughter of the applicant), who was married
to Omkar resident of Mathura about 20-22 years back, but
their wedlock could not continue for a long time and she was
deserted by him and about one & half year of the marriage,
she is living along with his father/applicant. According to the
applicant Late Sri Ram Chander Chaurasia, he was 69 years
of age and during his lifetime he wanted that his daughter
should not remain dependent at the alms of her brothers.;
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