JUDGEMENT
SUNITA AGARWAL,J. -
(1.) Heard Sri Nagendra Kumar Srivastava, learned counsel for
the petitioner and Sri Sumit Daga, learned counsel for the
respondent.
(2.) By means of the present writ petition, the judgments and
orders passed by the Courts below dated 4.3.2009, 14.8.2015
and 24.11.2015 are under challenge.
(3.) The present petition arises out of the release proceeding
namely P.A. Case No. 18 of 2005 (Ran Singh vs. Ramesh
Chandra) instituted under Section 21(1)(a) of U.P. Act No. 13 of
1972 for the release of shop no. 766/264 situated at Mohalla Hastinapur Road, near Jain Mandir, Mawana Kala, District
Meerut. The need set up in the release application was for the
landlord and his son to start a business. The ground of challenge
to the order of the release in the present petition is that the
Prescribed Authority/Judge Small Causes Court, Meerut had no
jurisdiction to entertain and adjudicate the release application.
The Court of Civil Judge (Junior Division), Mawana was the
designated Prescribed Authority for the area in question and,
therefore, it was the only competent authority to entertain the
release application.;
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