- (1.) S. P. Mehrotra, J. The present writ petition has been filed by the petitioner under Article 226 of the Constitution of India, inter alia, praying for quashing the order dated 22-10- 2003 (Annexure No. 7 to the Writ Petition) passed by the Prescribed Authority/j. M. Ist, Allahabad in M. P. A. Case No. 2 of 1999.
(2.) FROM a perusal of the allegations made in the Writ Petition, and the Annexures thereto, it appears that the petitioner filed a release application under Section 21 (1) (a) of the U. P. Act No. XIII of 1972 (hereinafter also referred to as "the Act") against the respondent in respect of the disputed accommodation, the details whereof are given in the judgment and order passed by the Prescribed Authority dated 17-3-1992 referred to hereinafter. The said accommodation has hereinafter been referred to as "the disputed accommodation". The said release application was registered as P. A. Case No. 101 of 1991. By the judgment and order dated 17-3-1992 (Annexure No. 1 to the writ petition), the learned XIth Additional Chief Judicial Magistrate/prescribed Authority, Allahabad allowed the said release application filed by the petitioner ex-parte against the respondent.
(3.) IT further appears that thereafter, the petitioner filed an application under Section 23 of the Act for enforcement of the said order dated 17-3-1992 passed by the Prescribed Authority, Allahabad. The said application filed under Section 23 of the Act was registered as Case No. 54 of 1992. By the order dated 2-11-1992 (in Form 'd'), the Prescribed Authority, Allahabad directed the Officer- in-charge of the Police Station, Muthiganj to deliver possession of the disputed accommodation to the petitioner. Copy of the said order dated 2- 11-1992 has been filed as Annexure No. 2 to the Writ Petition.;