MADAN AND OTHERS Vs. ADDITIONAL DISTRICT JUDGE AND OTHERS
LAWS(ALL)-2003-9-301
HIGH COURT OF ALLAHABAD
Decided on September 22,2003

Madan and others Appellant
VERSUS
ADDITIONAL DISTRICT JUDGE Respondents

JUDGEMENT

S.P.MEHROTRA, J. - (1.) THIS writ petition has been filed by the petitioners under Articles 226/227 of the Constitution of India, inter alia, praying for quashing the order dated 2.9.2003 (Annexure 8 to the writ petition) passed by the learned Additional District Judge (Court No. 9), Bareilly (respondent No. 1). - .
(2.) THE dispute relates to a shop situated at 126 B.I. Bazar, Cantonment, Bareilly, 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 a perusal of the averments made in the writ petition and the an-nexures thereto, 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") for the release of the disputed shop on the ground of bona fide need. The said release application was registered as P.A. Case No. 48 of 1989. A copy of the re­lease application has been filed as Annexure-1 to the writ petition.
(3.) IT further appears that the petitioners contested the said release ap­plication, and filed written statement, a copy whereof has been filed as Annexure-2 to the writ petition.;


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