- (1.) S. P. Mehrotra, J. Supplementary affidavit filed today be taken on record.
(2.) 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 2-9-2003 (Annexure-5 to the writ petition passed by the learned District Judge, Jaunpur in Rent Control Appeal No. 3 of 2003. The dispute relates to a shop, the details whereof are given in the judgment and order dated 14-5- 2003 passed by the learned Civil Judge (Senior Division)/prescribed Authority, Jaunpur referred to hereinafter. The said shop has, hereinafter. been referred to as the "disputed shop". From 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. The said release application was registered as P. A. Case No. 2 of 1998.
(3.) BY the judgment and order dated 14-5-2003, the learned Civil Judge (Senior Division)/prescribed Authority, Jaunpur allowed the said release application filed by the respondent. Copy of the said judgment and order 14-5-2003 has been filed as Annexure No. 1 to the writ petition. Thereafter, it appears that the petitioner filed an appeal under Section 22 of the Act, which was registered as Rent Control Appeal No. 3 of 2003.;