- (1.) Heard Smt. Rama Goel Bansal learned Counsel for the petitioners and Sri K.K. Tiwari learned Counsel who has appeared for landlord-respondents at the admission stage. Supplementary affidavit has been filed by the learned Counsel for the petitioners which is taken on record. Sri K.K. Tiwari learned Counsel for the landlord-respondents categorically states that writ petition may be finally disposed of at this stage as he does not propose to file any counter-affidavit.
(2.) Petitioners are tenants in a shop in Sadar Bazar, Jhansi. Jhansi is one of the 14 Municipal Corporations of U.P. Landlord-respondent filed release application against the petitioners under section 21 of U.P. Act No. 13 of 1972 in the form of P.A. Case No. 15 of 2006 before Prescribed Authority. Tenant-petitioners filed application for inspection through Advocate Commissioner of a shop, which was alleged by the tenants to be available to landlord in vacant state. The application was rejected by the Prescribed Authority. Thereafter, release application was allowed by Prescribed Authority/ J.S.C.C., Jhansi through judgment and order dated 30.7.2010, a copy of the said judgment is annexed as Annexure-4 to this writ petition. On internal page 13 of the said annexure, the Trial Court had mentioned that no spot inspection report was available on file.
(3.) Thereafter, tenant-petitioners filed appeal in the form of R.C.A. No. 24 of 2010 against final order passed by the Prescribed Authority. Appeal is still pending. The tenant-petitioners filed application for inspection, before the Lower Appellate Court which was rejected on 6.10.2012. Thereafter, recall application was filed which was also dismissed by Lower Appellate Court/ ADJ/Special Judge E.C. Act on 3.11.2012, which order has been challenged through this writ petition. A copy of order dated 6.10.2012 has been filed through supplementary-affidavit, today.;