B.K. Rathi, J. - (1.) The dispute in this case is regarding a shop situated in Mohalla Ballabh Nagar, Orai, District Jalaun. The respondent No. 3 is the landlord of the said house. He moved an application under Section 21 (1) (a) of U.P. Act No. XIII of 1972 against the petitioners, the tenants of the shop for release being P.A. No. 4/1993, Annexure 1 to the petition. The petitioners contested the application. The Prescribed Authority, respondent No. 2 rejected the application for release by judgment dated 19th August, 1994, Annexure 13 to the petition. Aggrieved by that order, the respondent No. 3 filed an appeal under Section 22 of U.P. Act No. XIII of 1972, being Appeal No. 19/ 1994 which has been allowed on 17th February, 2001 by respondent No. 1 by judgment, Annexure 14 to the petition. The petitioners, therefore, preferred this petition invoking extraordinary jurisdiction of this Court under Article 226 of the Constitution of India to quash the order, Annexure 14 to the petition dated 17th February, 2001.
(2.) I have heard Sri U.K. Saxena, learned Counsel for the petitioners and Sri Uma Kant, learned Counsel for respondent No. 3 and perused the record.
(3.) The perusal of the order, dated 19th August, 1994 of Respondent No. 2 shows that he has not properly appreciated the facts. He should have considered the question of bona fide need and comparative hardships separately. However, he has not done so. Therefore, the appeal was allowed.;