A.B.SRIVASTAVA, J. - (1.) THIS is a tenants' writ petition, whereby they have sought a writ of certiorari, quashing an order dated 7.9.1993 of the Prescribed Authority, and dated 28.11.1994 of the Appellate Authority, releasing the shop in their tenancy in favour of the respondent No. 3, the landlord.
(2.) LEARNED Counsel for the respondent No. 3 who has filed caveat, has stated that he does not propose to file any counter-affidavit as the relevant material is available on record. The petition has, accordingly, been heard for final disposal at admission stage. Release was sought of the shop in question by the respondent No. 3 under Section 21(1)(a) of Act 13 of 1972 on the ground that his family consists of self, a daughter and two sons. He has been carrying on his business in partnership with his brother Kamal Kishore in a shop belonging to the latter, which he has sold to one Ramji Lal Jain, who after serving notice, has filed an eviction suit against the respondent No. 3. The respondent accordingly requires the accommodation in question for setting up his own business by vacating the shop now sold to Ramji Lal Jain.
(3.) THE application was contested by the petitioners with allegation that the respondent does not bonafide require the shop in question. An earlier application moved by him on similar allegation had also been rejected. The petitioners have acquired goodwill in the shop in question and will not be able to arrange for an alternative accommodation as a heavy premium is demanded for the shops constructed by the Municipal Board.;