- (1.) Heard Sri R.K. Jain, learned Senior Counsel assisted by Sri S.D., Kautilya, learned Counsel for the petitioner and Sri S.D. Ojha as well as Sri Raj Narain Tiwari, learned Counsel for the respondents. Sri R.K. Jain, learned Senior Counsel has contended before the Court that there is no specific averment in the application filed under section 21(1)(a) Act No. 13 of 1972 that there is need of disputed premises for starting business and only desire has been expressed in para 5 of the application. No affidavit to that effect has been filed by the daughters of Smt. Archana Badera for whom shop was required. In his submissions, daughters have already been engaged somewhere and they do not desire to join the business. It has also been contended that bonafide need is to be pleaded and proved for release of accommodation. In view of that matter requires consideration.
(2.) Issue notice.
(3.) Sri S.D. Ojha has filed caveat on behalf of respondent No. 4 and Sri Raj Narain Tiwari has filed Vakalatnama on behalf of respondent No. 7, therefore, notices need not be served on respondents No. 4 and 7. Issue notice to respondents Nos. 3, 5, 6, 8 and 9 through registered post returnable at an early date. Steps be taken within a week.;