Satya Poot Mehrotra, J. - (1.) THE present writ petition has been filed by the petitioners under Article 226 of the Constitution of India, inter alia, praying for quashing the judgment and order dated 3.8.2002 (Annexure No. 6 to the writ petition) passed by the learned Civil Judge (Senior Division)/Prescribed Authority, Mirzapur and the judgment and order dated 2.12.2003 (Annexure No. 8 to the writ petition) passed by the learned Additional District Judge (Court No. 4), Mirzapur (Appellate Authority). The dispute relates to a shop situated in Mohalla Saddupur, Qasba -Chunar, District Mirzapur, the details whereof are given in the Release Application referred to hereinafter. The said shop has hereinafter been referred to as "the disputed shop".
(2.) FROM a perusal of the averments made in the writ petition and Annexures thereto, it appears that the respondent Nos. 2 to 9 (hereinafter referred as "the contesting respondents") filed a Release Application under section 21(1)(a) of the U.P. Act No. XIII of 1972 (in short "the Act") against the petitioners for the release of the disputed shop. It was, inter alia, alleged in the Release Application that the disputed shop was bona fide required for the need of the contesting respondents and their sons; and that the contesting respondents would suffer greater hardship in case, the Release Application was rejected than would be suffered by the petitioners, in case, the Release Application was allowed. The said Release Application was registered as P.A. Case No. 13 of 1996. Copy of the said Release Application has been filed as Annexure No. 1 to the writ petition.
(3.) THE petitioners contested the said Release Application and filed their Written Statement, copy whereof has been filed as Annexure No. 2 to the writ petition.;