S.U.Khan, J. - (1.) This is landlord's writ petition -arising out of eviction/release proceedings initiated by him against respondent-tenant under Section 21 of U.P. Act No. 13 of 1972 on the ground of bonafide need. The release application which was registered as P.A. case No. 65 of 1980 was dismissed on 15.7.1981 by Prescribed Authority / Munsif Magistrate, Court No. 6 Muzaffar Nagar. Landlord-Petitioner filed and appeal against the said judgment and order under Section 22 of the Act, which was registered as rent control appeal No. 16 of 1981. IInd Additional District Judge, Muzaffar Nagar through judgment and order dated 14.5.1982 also dismissed the said appeal. After 24 years of filing of the release application no useful purpose will be served by deciding this writ petition/on merit even if I am convinced by the arguments of learned Counsel for the petitioner that the judgments and orders passed by the Courts below, the matter will have to be remanded to the Prescribed Authority.
(2.) Concept of bonafide need and comparative hardship goes on changing rapidly with the passage of time.
(3.) Accordingly, the writ petition is dismissed with liberty to the petitioner to file a fresh release application. If such a fresh release application is filed it must be decided by the Prescribed Authority on the basis of facts and the position prevailing on the date of filing the same as brought on record through affidavits and other materials. While deciding the fresh release application, if filed, Prescribed Authority or the Appellate Court, shall not take into consideration any of the findings which have been recorded against the landlord-petitioner in the judgment and order impugned in the instant writ petition. If such a release application is filed it is expected that the same would be disposed of expeditiously. Petition dismissed.;