B.D. Agrawal, J. - (1.) This is petitioner's application dated September 2, 1985 to withdraw the petition moved on May 27, 1985 under Section 10 of the Contempt of Courts Act, 1971.
(2.) Facts relevant in brief are these : The petitioner has been tenant of the southern portion of premises No. 23. The northern portion (which is in dispute) was in the tenancy if one D.P. Srivastva. Upon the application of the opposite party No. 2, this was allotted to him by the Rent Control and Eviction Officer on May, 15,1985. The opposite party No. 2 allegedly entered into possession and gave intimation of the same the following day. The landlord had on April 23,1985 applied for release under Section 21(1) (a) of the U.P. Act XIII of 1972. There was compromise entered into between the landlord and D.P. Srivastava on May 15,1985 and the Prescribed Authority directed release of the portion to the landlord on the basis thereof. The petitioner contents that on May 15, 1985 D.P. Srivastva the tenant granted licence to him in respect of this portion under Section 2 - A of the U.P. Act No. XIII of 1972 and on the footing thereof the petitioner stepped in possession and intimated the same to the authorities on May 16, 1985.
(3.) In proceedings initiated thereafter under Section 145 of the Code of Criminal Procedure in respect of this portion preliminary order was made on May 16, 1985 followed by attachment dated May 18, 1985. Hearing in that case took place on the evening of May 20, 1985. Against the order of allotment dated May 15, 1985 in favour of the opposite party, the landlord had filed revision No. 137 of 1985 in the court of the District Judge which passed interim order on May 20, 1985 to the following effect "The possession of the party shall not be disturbed till 27th May, 1985. Put up for disposal on 27. 5. 1985.;