- (1.) S. P. Mehrotra, J. This Writ Petition has been filed by the petitioner under Article 226 of the Constitution of India praying for the following reliefs : " (i) to issue a writ, order or direction in the nature of mandamus commanding the Prescribed Authority/judge Small Cause Court, Saharanpur to stay further proceedings in P. A. Misc. Case No. 27 of 2000 till the final decision of release application (registered as P. A. Case No. 77 of 1996) filed by the respondent No. 1 under Section 21 (1) (b) of the Act for release of the shops in the tenancy of the petitioner. (ii) to issue any other writ, order or direction which this Hon'ble Court may deem just, fit and proper in the facts and circumstances of the case to meet the ends of justice. (iii) to award the costs of this writ petition to the petitioner. "
(2.) THE dispute relates to shops bearing Municipal Nos. 2/521/2 and 2/521/3 situated on Railway Road, Saharanpur. THE said shops have here-inafter been referred to as "the disputed accommodation. " From the allegations made in the Writ Petition, it appears that the respondent No. 1 is the landlord of the disputed accommodation, which is in the tenancy of the petitioner. It further appears that the respondent No. 1 is also the landlord of shops bearing Municipal No. 2/521 and 2/521/1 situated on Railway Road, Saharanpur which are adjacent to the disputed accommodation.
(3.) FURTHER, the respondent No. 1 is also the landlord of the accommodation situated on the First Floor above the disputed accommodation as well as the said adjacent shops. The said adjacent shops (namely No. 2/521 and 2/521/1) together with the said First Floor accommodation (above the disputed accommodation as well as the said adjacent shops) have, hereinafter, been referred to as "the adjacent accommodation. " It further appears that the adjacent accommodation has been in the tenancy of the respondent No 2.;