Yatindra Singh, J. - (1.) THIS is a writ petition quashing the orders dated 9.4.2001 and 29.4.200(sic) passed by the respondent No. 1 and 2 respectively in proceeding under Section 21(8) of the Act. I have heard Sri Mohd. Asif Khan, learned counsel for the petitioner and learned Standing Counsel for the respondents.
(2.) WITH the consent of the parties, the writ petition is being disposed of at this stage. It is not disputed that the property was let out to respondent No. 8 who is an official of the State Government. The lease is to the State Government. The courts below have rejected application on the ground that no application is maintainable under Section 21(8) of the Act. This point has Already been dealt with in two decisions of this Court reported in Kendriya Upbhokta Sahkari Bhandar Ltd. v. Additional District and Special Judge, Lalitpur and others : 1998 (34) A.L.R. 412 and Kishore Chand Gupta and another v. District Judge, Kanpur Nagar and others : 1999 (2) A.R.C. page 91. In view of the reasons mentioned therein, the application under Section 21(8) of the Act was maintainable. The decisions of the court below are illegal and are hereby quashed. The parties may appear before respondent No. 2 on 28th August, 2001 and thereafter, the case may be decided on merits. With this observation, the writ petition is disposed of. ;