- (1.) Heard learned counsel for the petitioner as well as learned Standing Counsel appearing on behalf of respondent no.1.
(2.) None appears for the respondent no.2, though he was being represented by learned counsel and on his request time was granted to file counter affidavit, but inspite of repeated opportunities having been granted, the counter affidavit has not been filed.
(3.) The facts of the case are very interesting. Both the petitioner and respondent no.2 have entered into a short term license for the premises bearing house no.86/204 (86/161-B), Kurmi Tola, Maqboolganj, Risaldar Park, Police station Qaiserbagh, Lucknow for a period of three months. After the expiry of said period of license, the respondent no.2 did not vacate the premises in question; the petitioner moved an application on 27.05.2000 before the learned prescribed authority under Section 2-A(5) of the U.P. Act No.13 of 1972 (here-in-after be called as 'Act'). The prescribed authority rejected the application vide order dated 24.01.2011 on a flimsy ground that the petitioner and respondent no.2 did not obtain any receipt or acknowledgment from the office of the District Magistrate with regard to information about the said license, which is required as per proviso (1) to Section 2-A of the 'Act'. The prescribed authority did not enter into the merits, as the intimation to this effect has not been submitted to the District Magistrate.;