Anil Kumar, J. - (1.) Present writ petition has been instituted under Article 226 of the Constitution of India with a prayer to issue a writ or order in the nature of certiorari quashing the impugned order dated 5.2,2010 passed by Additional District Judge, Court, No. 3, Unnao in Rent Appeal No. 4 of 2006 (Avinash Chandra Tewari v. Biharishwar Mahadev Trust) by which an application of the petitioner for issue of the commission rejected by opposite party No. 1.
(2.) Facts in brief as submitted by Sri P.K. Khare, learned counsel for the petitioner are that an application under Section 21 (1 )(a) of U.P. Act No. 13 of 1972 moved on behalf of respondent No. 2, Sri Biharishwar Mahadeo Ji Trust (hereinafter referred to as 'trust') for eviction of the petitioner from the tenanted accommodation situated at House No. 328, Mohalla Jawahar Nagar, City Unnao. Accordingly, 3 case numbered as PA Case No. 14 of 2000 registered before Prescribed Author1 , who after exchange of pleadings and other documentary evidence by order dated 8.11.2006, allowed the release application.
(3.) Aggrieved by the order dated 8.11.2006 passed by the prescribed authority in PA. Case No. 14 of 2000 (Biharishwar Mahadev Trusty. Sri Avinash Chandra Tewan), petitioner filed an appeal (Rent appeal No, 04 of 2006). In the said appeal an application moved by the applicant/petitioner [numbered as Application No. 116(ga)] for issuing commission. After hearing the parties, the opposite party No. 1 by order dated 5.2.2010 rejected the application moved by the applicant for issuing commission, hence the present writ petition.;