S.P.MEHOROTRA, J. - (1.) THIS writ petition has been filed by the petitioner, inter alia praying for quashing the judgment and order dated 25 -11 -2002 (Annexure 7 to the writ petition) passed by the learned Special Judge (Anti Corruption) Additional District Judge, Gorakhpur and the judgment and order dated 27 -9 -1999 (Annexure 5 to the writ petition) passed by the learned Prescribed Authority, Gorakhpur.
(2.) THE dispute relates to a shop in a house which is situated in Mohalla Dharamshala Bazar, Gorakhpur, the details whereof have been given in the release application referred to hereinafter. The said shop has, hereinafter been referred to as the disputed shop. From the allegations made in the writ petition, it appears that the respondent No. 3 filed a release application under Section 21(1) (a) of the U.P. Act No. 13 of 1972 (in short the Act) against the petitioner for the release of the disputed shop.
(3.) IT was, inter alia stated in the release application that the petitioner was the tenant in the disputed shop since the year 1965, and that the respondent No. 3 was the sole owner of the said house including the disputed shop and that the rate of rent was Rs. 80/ - per month; and that the respondent No. 3 wanted to establish business in the disputed shop for augmenting his income and that the petitioner would not suffer any hardship in case of his eviction from the disputed shop while the respondent No. 3 would suffer much greater hardship in case the disputed shop was not vacated. The said release application was registered as P.A. Case No. 24 of 1998. A copy of the release application has been filed as Annexure 1 to the writ petition. The petitioner contested the said release application. Evidence was led by both the sides.;