- (1.) B .S.Verma, J.;- By means of this writ petition, the petitioner has sought a writ in the nature of certiorari quashing the impugned order dated 9-3-2011 (Annexure No.1) passed by respondent no.1 in P.A.Case No. 7 of 2010 Suraj Prakash Gulati Vs. Jitendra Kumar and further to allow the impleadment application of the petitioner with opportunity to contest the case. By the order dated 9-3-2011 the application (paper no. 17-C) moved by the petitioner-applicant for his impleadment as party to the proceeding has been rejected.
(2.) BRIEF facts giving rise to the present writ petition are that the respondents no. 2 and 3 herein filed a release application under Section 21(1)(a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act 1972 (for short the Act) against the respondent no.4-Jitendra Kumar Gupta for release of the residential accommodation on the ground of bona fide need alleging therein that respondent nos. 2 and 3 have become owner and landlord of the accommodation through a registered sale deed dated 12-4-2007 and the respondent no. 4 is a tenant therein. The petitioner-applicant moved an application paper no. 17-C under Section 34 of the Act read with Order 1, Rule 10 C.P.C. contending therein that the accommodation in question in 2 respect of which release application has been moved continues under the tenancy of his grandfather late Kashinath Gupta since 1938 and the applicant has been a member of the family since the lifetime of his grandfather from 1968. After the death of his grandfather in the year 1971, the tenancy devolved in the Karta of the joint family, i.e. his father Jitendra Kumar Gupta. The accommodation in question is a part of Dharamshala, which is in occupation and tenancy of the applicant and that the applicantpetitioner is the legal heir of late Kashinath. It is also alleged that the landlords have concealed true facts in collusion with the tenant Jitendra Kumar Gupta so as to grab the accommodation, which is in the tenancy of the present applicant-petitioner.
(3.) NO written objection was filed against the application, paper no. 17-C.;