S.U. Khan, J. - (1.) This writ petition was allowed on 14 11 2005 without hearing any one on behalf of respondents, as no one had appeared. Thereafter rehearing application was allowed and the said judgment was set aside through order dated 7.3.2006 passed on restoration application.
(2.) Heard learned Counsel for the parties.
(3.) This is landlord's writ petition arising out of eviction/release proceedings initiated by original landlord petitioner, since deceased and survived by legal representatives, on the ground of bonafide need under Section 21 of U.P. Act No. 13 of 1972 in the form of Case No. 6 of 1975, renumbered there after as Case No. 104 of 1977. Prescribed Authority, Gorakhpur through judgment and 'order dated 1.6.1978 rejected the release application only on the ground of comparative hardship. Against the said order appeal was filed and after decision of appeal the matter was brought to this Court through writ petition. This Court remanded the matter. Again after the decision of the Court below matter was brought to this Court through another writ petition which was again remanded. Thereafter appeal being Miscellaneous Civil Appeal No. 126 of 1978 was again dismissed by the Vth A.D.J., Gorakhpur through judgment and order dated 4.8.1992, hence this 3rd writ petition.;