- (1.) S. P. Mehrotra, J. Pursuant to the order dated 14-2-2007, the case is listed today in the Cause List of Court No. 7. By the order of the Hon'ble the Acting Chief Justice, the case has been transferred to this Court.
(2.) ON mention made by Shri A. B. Saran, learned Senior Counsel appearing for the petitioner, the case has been taken-up today. It appears that an Application under Section 21 (1) (a) of the U. P. Act No. XIII of 1972 (in short "the Act") was filed by the respondent No. 1 against the petitioner in regard to a shop, the details whereof are given in the Release Application, copy whereof has been filed as Annexure-1 to the Writ Petition. The said shop has hereinafter been referred to as "the disputed shop". The said Release Application was registered as P. A. Case No. 41 of 2006.
(3.) IT further appears that the following three Applications were filed on behalf of the petitioner in the said P. A. Case No. 41 of 2006 : (1) Application No. 27-C, inter alia, praying for permission to cross-examine the respondent No. 1. Copy of the said Application has been filed as part of Annexure-2 to the Writ Petition, and appears at page 13 of the Paper Book of the Writ Petition. (2) Application No. 28-C, inter alia, praying for appointment of an Advocate Commissioner for inspecting the spot. Copy of the said Application has been filed as part of Annexure-2 to the Writ Petition, and appears at page 25 of the Paper Book of the Writ Petition. An affidavit (Paper No. 29-C) has also been filed in support of the said Application. Copy of the said Application has been filed as part of Annexure-2 to the Writ Petition, and appears at page 16 of the Paper Book of the Writ Petition. (3) Application No. 30-C, inter alia, praying for permission to bring on record additional affidavit. Copy of the said Application has been filed as part of Annexure-2 to the Writ Petition, and appears at page 18 of the Paper Book of the Writ Petition. By the order dated 7-2-2007, the Prescribed Authority has rejected the aforementioned three Applications, filed on behalf of the petitioner.;