- (1.) S. P. Mehrotra, J. This writ petition has been filed by the petitioner under Article 226 of the Constitution of India, inter alia, praying for quashing the order dated 19-9-2003 (Annexure 5 to the writ petition) passed by the learned Additional District Judge, Court No. 4, Mathura on an application (Paper No. 40 Ga) filed in Misc. Civil Appeal No. 68 of 1995.
(2.) THE dispute relates to a portion of Flora Hall Building No. 1130, Mohalla-Kajipura, Mathura. THE said portion has hereinafter been referred to as "the disputed portion. " From a perusal of the averments made in the writ petition and the Annexures thereto, it appears that the landlords filed an application under Section 21 (8) of the U. P. Act No. XIII of 1972 (in short "the Act") against the petitioner and others for enhancement of rent in respect of the disputed portion. It further appears that by the order dated 17-3-1992, the Rent Control and Eviction Officer, Mathura decided the said application under Section 21 (8) of the Act.
(3.) THEREUPON, it appears that two appeals, namely, Misc. Civil Appeal No. 53 of 1992 and Misc. Civil Appeal No. 47 of 1992 were filed. It further appears that by the order dated 19-8-1993 passed by the learned 4th Additional District Judge, Mathura the said appeals were decided, and the authority below was directed to determine the valuation of the disputed portion on the basis of market value after giving reasonable opportunity to the State Government to give evidence, and thereafter, determine the rent accordingly.;