Sudhir Agarwal, J. - (1.) Heard Mrs. Kamini Pandey, learned counsel for the petitioner, Sri R.M.Saggi, learned counsel for contesting respondent No.2 and perused the record.
(2.) The writ petition is directed against the order dated 18.11.2000 passed by respondent No.1 allowing respondent No.2-tenant's appeal and setting aside Prescribed Authority's order dated 19.12.1998 whereby Prescribed Authority had released shop in question in favour of petitioner-landlord finding his need genuine and bona fide and comparative hardship in favour of landlord. The Appellate Court has reversed both the findings by means of the impugned judgment and order dated 18.11.2000.
(3.) In order to revert findings of Prescribed Authority, the Appellate Court has observed that during pendency of release proceedings, petitioner-landlord Raj Kishore started a business in a rented shop at Qasba Ete and since he is running the said shop for the last eight years, it cannot be said that he is now not settled. The Appellate Court further held that another landlord namely Santosh Kumar, though is still unemployed but he can be settled and accommodated in the business of father or two brothers.;