Satya Poot Mehrotra, J. - (1.) THIS writ petition has been filed by the petitioner under Article 226 of the Constitution of India, inter alia, praying for the following reliefs: (i) issue a writ, order or direction in the nature of certiorari quashing the order dated 23.1.2003 passed by the respondent No. 1 on Transfer Application No. 23 of 2003 vide Annexure No. 8 to this writ petition. (ii) issue a writ, order or direction in the nature of mandamus commanding the respondent No. 2 to ignore the Release application filed by the respondent No. 3 for Release of the shop in dispute in his favour and proceed for considering the Allotment applications for the shop in dispute filed by the petitioner and other prospective allottees for getting the shop in dispute allotted in their favour or in the alternative decide the question of maintainability of the Release Application filed by the respondent No. 3 for release of the shop in dispute first arid permit the petitioner to oppose the Release Application only on the question of it's Maintainability. (iii) to issue any other writ, order or direction which this Hon'ble Court may deem just, fit and proper in the circumstances of the case to meet the ends of justice. (iv) to award the costs of the writ petition to the petitioner. The dispute relates to a shop, namely/Shop No. 32/3, Dakshini Civil Lines, Arya Samaj Road, Muzaffarnagar. The said shop has, hereinafter, been referred to as "the disputed shop".
(2.) THE disputed shop was in the occupation of one Vijay Pal Goel. By the order dated 10.4.2002, the Rent Control and Eviction Officer, Muzaffarnagar declared vacancy in respect of the disputed shop. The said order dated 10.4.2002 passed by the Rent Control and Eviction Officer, Muzaffarnagar was challenged by the said Vijay Pal Goel by filing a writ petition being Civil Misc. Writ Petition No. 15766 of 2002. By the order dated 5.7.2002, the said Civil Misc. Writ Petition No. 15766 of 2002 was dismissed. It was directed that "the Rent Control and Eviction Officer will now proceed in accordance with law for deciding the release application/allotment order". A copy of the said order dated 5.7.2002 has been filed as Annexure -3 to the writ petition.
(3.) THEREAFTER , an application dated 24th July, 2002 was filed by the landlord -respondent No. 3 praying for handing over possession of the disputed shop to the landlord -respondent No. 3 as the said Vijay Pal Goel had been declared to be unauthorized occupant of the disputed shop, hence he had no right to remain in occupation of the disputed shop.;