- (1.) S. P. Mehrotra, J. This writ petition has been filed by the petitioners under Article 226 of the Constitution of India, inter alia, seeking quashing of the order dated 23-10-2002 (Annexure No. 1 to the writ petition) passed by the learned Additional District Judge, Court No. 4, Moradabad.
(2.) THE dispute relates to an accommodation situated at Chaurah Gurhutti Masuma, Natraj Hotel, District Moradabad, the details whereof have been given at the foot of the release application referred to hereinafter. THE said accommodation has hereinafter been referred to as "the disputed accommodation". From the allegations made in the writ petition, it appears that the respondent No. 2 filed a release application under Section 21 (1) (a) of the U. P. Act No. XIII of 1972 (in short "the Act") against the respondent No. 3. The said release application was registered as P. A. case No. 97 of 1987. A copy of the said release application has been filed as Annexure No. 5 to the writ petition. It further appears that the said release application was allowed by the Prescribed Authority/iind Addl. Civil Judge, Moradabad on 29-10-1991 has been filed as Annexure No. 6 to the writ petition.
(3.) THE respondent No. 3 filed an appeal under Section 22 of the Act which was registered as Rent Control Appeal No. 72 of 1991. During the pendency of the said appeal, it appears, the petitioners filed an application for impleadment dated 19-9-2002 under Order I, Rule 10 of the code of Civil Procedure read with Rule 22 (f) of the Rules framed under the Act, inter alia, praying for being impleaded as the opposite parties in the said release application filed by the respondent No. 2 against the respondent No. 3. A copy of the said impleadment application has been field as Annexure No. 8 to the writ petition.;