- (1.) S. P. Mehortra, J. This writ petition has been filed by the petitioner, inter alia challenging the order dated 28-10- 2002 (Annexure No. 1 to the writ petition) passed by the Prescribed Authority/civil Judge (JD) Sahaswan, Badaun in Misc. Case No. 54 of 1988.
(2.) THE dispute relates to a shop situated in Mohalla No. 6, Kasba Bilsi, Pargana Kot, Tehsil Sahaswan, District Budaun, the details of which 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. 1 filed a release application under Section 21 (1) (a) of the U. P. Act No. XIII of 1972 (in short "the Act) against the tenant namely, Genden Lal. The said release application was registered as Misc. Case No. 54 of 1988. It further appears that during the pendency of the said release case, the said Gendan Lal died. Thereafter, his heirs and legal representation were brought on record as opposite parties No. 1/1 to 1/9 in the said release case. It further appears that opposite parties No. 1/1 to 1/4 were originally brought on record as the heirs and legal representative of the said Gendan Lal. Subsequently, the opposite parties Nos. 1/5 to 1/9 have also been brought on record as heirs and legal representative of the said Gendan Lal pursuant to the order dated 30-9-1995.
(3.) IT further appears that by the order dated 5-9-1997, the said release case was directed to proceed ex- parte as against the Opposite Party No. 1/8 (petitioner herein. The opposite pary No. 1/8 (Petitioner herein) moved an application for recalling the order dated 5-9-1997 which was dismissed by the Prescribed Authority vide its order dated 17-1-1998. Thereafter, the petitioner (opposite party No. 1/8) filed a writ petition being Civil Misc. Writ Petition No. 3663 of 1998 challenging the said order dated 17-1-1998 and the said order dated 5-9-1997. The said writ petition No. 3663 of 1998 was disposed of by the order dated 3-7-2001. By the said order dated 3-7-2001, this Court quashed the said order dated 5-9-1997 and the said order dated 17-1-1998. It was further directed that the said release case would be decided expeditiously.;