Rakesh Tiwari, J. - (1.) HEARD Sri J.J. Munir, counsel for the Petitioner and perused the record.
(2.) THE Petitioner has prayed for issuance of a writ of mandamus commanding the prescribed authority, Aligarh to decide their application for setting aside the order of release dated 9.12.1998 being misc. case No. 14 of 2002 within a stipulated period and further that until decision of the aforesaid case, proceedings in execution case No. 13 of 2002, Ramji Lal v. Maqbool Ahmad and Ors., be directed to remain stayed as against the Petitioners. Release application under Section 21(1)(a) of U.P. Act No. 13 of 1972 filed by the landlord Respondent was allowed by the Prescribed Authority vide judgment and order dated 9.12.1998. Rent Appeal No. 36 of 1998 preferred by one of the tenant Maqbool Ahmad, has also been dismissed and writ petition No. 33293 of 2002 challenging the aforesaid orders of the prescribed authority as well as appellate authority, has also been dismissed by the High Court vide judgment and order dated 13.8.2002.
(3.) ACCORDING to the Petitioner, the order of release passed by the Prescribed Authority, is a nullity as far as the Petitioners are concerned as the predecessor in interest of the Petitioner No. 1 and 2 namely Mohd. Ahmad was dead at that time and no substitution application had been preferred by the landlord. It is stated that tenant late Mohd. Ahmad was never served with notice of release proceedings and he had no knowledge of the proceedings. It is further submitted that order of release is ex parte against the predecessor in interest of Petitioner No. 3 and 4 as he was never served with notice or summons of proceedings after restoration of the release application.;