- (1.) S. P. Mehrotra, J. The present writ petition has been filed by the petitioners under Article 226 of the Constitution of India, inter alia, praying for quashing the order dated 30-10- 2003 (Annexure No. 4 to the writ petition) passed by the learned Civil Judge (Senior Division)/prescribed Authority, Muzaffarnagar, on an application (paper No. 99 Ga) filed in P. A. case No. 13 of 1999.
(2.) FROM a perusal of the writ petition and the Annexures thereto, it appears that Smt. Kunti Devi (predecessor-in-interest of the respondent) filed a release application under Section 21 (1) (b) of the U. P. Act No. XIII of 1972 (in short "the Act") for the release of the accommodation in question. The said release application was registered as P. A. Case No. 13 of 1999. It further appears that during the pendency of the said release application, the said Smt. Kunti Devi expired, and the respondent was substituted as the heir and legal representative of the said Smt. Kunti Devi. It further appears that during the pendency of the said release application, an application dated 16-9- 2003 (paper No. 99 Ga) was filed on behalf of the petitioners for being permitted to cross-examine Akhilesh Kumar Goel (respondent herein) and his witnesses. Copy of the said application dated 16-9- 2003 (Paper No. 99 Ga) has been filed as Annexure No. 2 to the writ petition.
(3.) IT further appears that objections dated 24-9-2003 (paper No. 100 Ga) were filed on behalf of the respondent against the said application dated 16-9-2003 (Paper No. 99 Ga ). Copy of the said objections dated 24-9-2003 (Paper No. 100 Ga) has been filed as Annexure No. 3 to the writ petition. It further appears that by the impugned order dated 30-10-2003 (Annexure No. 4 to the Writ petition), the said application No. 99 Ga filed on behalf of the petitioners was rejected.;