- (1.) Heard Sri. Siddhartha Srivastava, learned counsel for the petitioner and Sri. T. A. Khan, learned counsel for the respondents.
(2.) By means of the present writ petition, the petitioner is challenging the orders dated 18.7.2011 and 2.2.2015 passed by the Prescribed Authority and the appellate authority in a proceeding under Section 21 (1) (a) of the U.P. Act No. 13 of 1972. The petitioner is tenant of a shop for release of which need was set up by the landlord to establish his son Aamir Sarfaraz. The release application was filed in the year 2007 stating therein that Aamir Sarfaraz was unemployed and landlord wanted to establish his son in an independent business of general merchant. It was stated that his son is carrying on general merchandise business on a cycle. The petitioner is keeping the shop closed as he has started his business in the name of M/s. Raju Associates for sale of cement & iron rods from a shop at Shivapuram, National Highway, Bareilly Road, Civil Lines, Rampur.
(3.) The release was contested on the ground that Aamir Sarfaraz, son of the landlord is helping the landlord in his cloth business in a shop at Bazar Mestanganj. He has no experience of general merchandise business. The shop which exist in Civil Lines in the name of M/s. Raju Associates is in the proprietorship of Romana wife of the tenant. The petitioner is carrying on sale of cement only from the shop in question.;