B.K.Rathi, J. - (1.) The dispute is regarding the small shop. That Sri Dwarika Prasad was the tenant of the said shop. After his death, the petitioner and respondent Nos. 7 to 15 being the heirs of Dwarika Prasad became the tenant of the same.
(2.) The landlord moved an application for release under Section 21 (1) (b) of U. P. Act No. XIII of 1972 alleging that the shop is in dilapidated condition and is required for demolition and new construction. The application for release was rejected by order dated 28.4.1988 by the prescribed authority. Annexure-4 to the writ petition. Against that order, the landlord preferred appeal under Section 22 of the Act being appeal No. 104 of 1998 which have been allowed on 27.1.2000 by Additional District Judge, Allahabad by judgment. Annexure-5 to the writ petition. The petitioner, therefore, has approached this Court Invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India.
(3.) I have heard Dr. R. G. Padia. Senior Advocate for the petitioners, learned standing counsel and Sri Ravi Kiran Jain, Senior Advocate for the respondent-landlord.;