- (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 1-12-2003 (Annexure No. 1 to Writ Petition) passed by the learned Special Judge, E. C. Act, Rampur (Appellate Authority) on an application (Paper No. 67 Ga) filed in Rent Appeal No. 7 of 2000.
(2.) THE dispute relates to a shop, the details whereof are given in the judgment and order dated 18-10- 2000 passed by the Prescribed Authority/first Additional Chief Judicial Magistrate, Rampur which is 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 Annexures thereto, it appears that the respondent No. 1 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 for release of the disputed shop. The said release application was registered as P. A. Case No. 9 of 1998. It further appears that by the judgment and order dated 18-10- 2000, the Prescribed Authority/first Additional Chief Judicial Magistrate, Rampur allowed the said release application filed by the respondent No. 1 in respect of the disputed shop. Copy of the said judgment and order dated 18-10-2000 has been filed as Annexure No. 4 to the Writ Petition.
(3.) IT further appears that against the said judgment and order dated 18-10-2000, the petitioner filed an Appeal under Section 22 of the Act, which was registered as Rent Appeal No. 7 of 2000. It further appears that during the pendency of the said Rent Appeal No. 7 of 2000, the petitioner filed an application seeking amendment in the written statement. The said application was allowed by the Appellate Authority.;