- (1.) S. P. Mehrotra, J. This writ petition under Article 226 of the Constitution of India has been filed by the petitioner, inter alia, praying for quashing the judgment and order dated 2-11- 2000 (Annexure-5 to the writ petition) passed by the learned Civil Judge (Senior Division)/prescribed Authority, Kairana, Muzaffarnagar and the judgment and order dated 19-8-2003 (Annexure-12 to the writ petition) passed by the learned Additional District Judge (Court No. 4), Muzaffarnagar.
(2.) THE dispute relates to a shop, the details whereof are given in the release application 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 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 the release of the disputed shop. It was, inter alia, stated in the said release application that the disputed shop was bonafide required by the respondent for establishing his son, Vineet Kumar Bansal in the business of readymade garments; and that on consideration of comparative hardships, the respondent would suffer greater hardship while the petitioner would not suffer any hardship. The said release application was registered as P. A. Case No. 23 of 1997. Copy of the said release application has been filed as Annexure-1 to the writ petition.
(3.) IT further appears that the petitioner contested the said release application and filed written statement, copy whereof has been filed as Annexure-2 to the writ petition. It further appears that the parties filed affidavits and documentary evidence in support of their respective cases.;