- (1.) HEARD Sri V. K. Bist, Senior Advo cate assisted by Ms. Seema Sirohi Ad vocate for the petitioner and Sri Jagdish Prasad, Advocate for the respondents Nos. 2 and 3.
(2.) BY the present writ petition, the petitioner has prayed for a writ of certiorari quashing the impugned order dated 10-12-2001 passed by respondent No. 1 (Appellate Authority) in R. C. A. No. 12 of 2000 (Annexure No. 8 to the writ petition ). factual Matrix of the Case Briefly stated, an application un der Section 21 (1) (a) of U. P. Act No. 13 of 1972 was filed by the petitioner against respondent Nos. 2 and 3 praying for the release of the Shop situated at Mohalla Bazar Ganj (Park Road), Kashipur, District Udham Singh Nagar, which is under the tenancy of respond ents Nos. 2 and 3, on the ground that the petitioner has passed high school and is unemployed and he has no independent business to earn his livelihood and, therefore, he wants to do the business of Electrical Goods, T. V. , V. C. R. , Music System, Cooking Range, etc. in the said Shop. It was, further, stated by the pe titioner in his release application that his father Sri Mithilesh Kumar Gupta is do ing the independent business in the name of Mithilesh Kumar and Brothers of which his father is the sole owner and there is no possibility of employing any other person, as the shop in possession of his father is not so elaborate so as to accommodate the petitioner also. It is also stated that the petitioner also do not want to join the business along with his father, as he wants to do the inde pendent business. It has further been stated in the release application that the petitioner has already been married in 1994 and he is separate from his father and as such, the shop in dispute is re quired for his own use and occupation for settling himself in the independent business.
(3.) A written statement has been filed by the respondents, in which in para 3 it has been stated that the land lord can be accommodated in the busi ness of the father. An affidavit has been filed by the petitioner Mukesh Kumar, who has de posed that he wants to run the inde pendent business and he cannot settle himself along with his father. So far as the availability of the other shops are concerned, it has been specifically stated that all other shops are rented ac commodation and the tenants are occu pying the same. Relevant paras 7, 8 and 9 of the said affidavit are quoted below;