RADHEY SHYAM Vs. ANIL KUMAR BHARGAWA AND OTHERS
LAWS(ALL)-2017-12-22
HIGH COURT OF ALLAHABAD
Decided on December 04,2017

RADHEY SHYAM Appellant
VERSUS
Anil Kumar Bhargawa And Others Respondents

JUDGEMENT

VIVEK KUMAR BIRLA,J. - (1.) Heard Sri Swapnil Kumar, learned counsel for the petitioner.
(2.) Present petition has been filed with the following prayer:- "A. Issue a writ, order or direction in the nature of certiorari quashing the orders dated 20.8.2016 and 13.9.2017 (Annexures 4 and 7 to this writ petition) passed by the Prescribed Authority / J.S.C.C. Agra. B. Issue a writ order or direction in the nature of prohibition by allowing the application no. 16-C to Prescribed Authority / J.S.C.C., Agra to proceed and decide P.A. Case No. 70 of 2013 Anil Kumar Bhargawa vs. Radhey Shyam and another. C. Issue any other suitable writ, order or direction, which this Hon'ble court may deem fit and proper in the circumstances of the case. D. Award costs of the writ petition to the petitioner."
(3.) By the impugned order dated 20.8.2016 the application paper no. 16-Ga filed by the petitioner to the effect that one release application filed under Section 21(1)(a) of the Act 13 of 1972 against two tenants, occupying two different shops at different rate of rent, is not maintainable and therefore, the court cannot proceed to hear the same and the release application is liable to be rejected. Only one tenant has filed this application and he has come forward to challenge the same before this Court. The application was rejected by the trial court holding that the single release application against two different tenants is maintainable. The recall application against the aforesaid order was also rejected vide order dated 13.9.2017. These two orders are under challenge before this Court.;


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