- (1.) This writ petition has been filed, inter alia, for quashing the order dated 19.11.2010 passed by District Judge, Agra in Misc. Appeal No. 193 of 2010 and for further direction to restrain the respondent from evicting the petitioner from the shop in dispute in pursuance to the order dated 29.10.2010 passed by the Prescribed Authority in P.A. Case No. 28 of 2002. Today supplementary-affidavit has been filed by the petitioner to indicate that the matter is fixed on 24.1.2011 before the Appellate Court which is taken on record.
(2.) The brief facts of the case are as follows: The respondent filed a release application under section 21(1)(a) of U.P. Act No. 13 of 1972 in the Court of Prescribed Authority, Agra which was registered as P.A. Case No. 28 of 2002, Bangali Mal Gupta v. Bangali Baboo. The Prescribed Authority allowed the aforesaid release application and by order dated 29.10.2009 directed the petitioner to vacate the shop in dispute in two months.
(3.) The petitioner preferred an Appeal No. 193 of 2010 under section 22 of the U.P. Act No. 13 of 1972 and also moved a stay application along with affidavit for staying the operation of eviction order dated 29.10.2010. The appeal was admitted on 19.11.2010 and the notice was issued to the respondent-landlord fixing 29.11.2010. However, the Court below refused to pass ex parte stay order on the stay application although the landlord had filed his caveat. On 29.11.2010 the District Judge, Agra transferred the appeal to the Court of Additional District Judge, Court No. 6, Agra. On 29.11.2010 although the Counsel for the appellant was present none was present on behalf of the respondent, however, the matter was adjourned to 9.12.2010 and thereafter, it was fixed on 20.12.2010. On the said date since the presiding officer was on leave, therefore, the matter stood adjourned to 24.1.2011.;