- (1.) S. P. Mehrotra, J. The present writ petition under Article 226 of the Constitution of India has been filed, inter alia, making the following prayers: - " (a) To issue a writ order or direction in the nature of certiorari quashing the impugned order dated 10- 7-2003 (Annexure No. 9 to the writ petition) passed by respondent No. 1/2. (b) To, issue a writ order or direction in the nature of mandamus commanding the transfer of Rent Control Appeal No. 36 of 2000, Ram Gopal v. Krishen Chandra Verma, from the Court of respondent No. 2 to some other Court of competent jurisdiction. (c) To issue any such order suitable writ order or direction as this Hon'ble Court may deem fit and proper under the circumstances of the case. (d) To award the costs of this writ petition to the petitioner".
(2.) THE dispute relates to a shop situated in Building No. 45/66, Gaya Prasad Lane, Mani Ram Ki Bagia, Kanpur Nagar. THE said shop has hereinafter been referred to as the "disputed shop". It appears that the respondent No. 3 filed a release application under Section 21 (1) (a) of the U. P. Act No. XIII of 1972 (in short the "act") against the petitioner seeking release of the disputed shop on the ground that the same was required by him for doing business. The Prescribed Authority by its judgment and order dated 21-2- 2000 allowed the release application filed by the respondent No. 3.
(3.) THEREUPON, the petitioner filed an appeal under Section 22 of the Act which was registered as Rent Control Appeal No. 36 of 2000. It further appears that during the pendency of the said Rent Control Appeal No. 36 of 2000, the petitioner filed an application dated 29-10-2001 (No. 81-C) for appointment of An Advocate Commissioner to go to the spot and submit his report on the points mentioned in the affidavit accompanying the application. Copy of the said application and its accompanying affidavit has been filed as Annexure No. 1 to the writ petition.;