R.H. Zaidi, J. - (1.) Heard learned Counsel for the petitioner and also perused the record.
(2.) By means of this petition fled under Article 226 of the Constitution of India, petitioner prays for issuance of a writ, order or direction in the nature of certiorari quashing the order dated 20.10.2000 whereby the objection filed by the petitioner to the maintainability of the application filed under Section 21 (1) (a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (U.P. Act No. XIII of 1972), for short the Act, has been dismissed by the Court below.
(3.) It appears that the respondent No 2 filed an application under Section 21 (1) (a) of the Act for release of the building in question for his personal use and occupation. It was specifically pleaded that the petitioner was in occupation of the said shop on a monthly rent of Rs. 1,285/-. The facts regarding need and hardship were also stated in detail. Plea was also taken that the petitioner was in occupation of the building in question without any order of allotment. The petitioner filed an objection that the application filed by the respondent was legally not maintainable and was liable to be dismissed. The objection filed by the petitioner was contested by the contesting respondent who contended that the application filed by him was legally maintainable, that the objection to the maintainability of the release application was totally misconceived.;