R.H.ZAIDI,J. - (1.) HEARD the learned Counsel for the petitioner and learned Counsel appearing for respondent No. 1.
(2.) BY means of this petition under Article 226 of the Constitution of India the petitioner prays for a writ, order or direction in the nature of certiorari quashing the order dated 27.9.1991 passed by respondent No. 3 dismissing the appeal of the petitioner and the order dated 17.6.1986 passed by the Prescribed Authority allowing the release application of the respondent No. 1. It appears that respondent No. 1 Smt. Haideri filed an application under Section 21 of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (for short the Act) for release of the building in question on the ground of personal need and hardship. The application was objected to and opposed by the petitioner. It was pleaded that neither the need of respondent No. 1 was genuine or bona fide, nor she was likely to suffer hardship in case the application is rejected. The Prescribed Authority allowed the release application of the respondent vide order dated 17.6.1986. The appeal filed by the petitioner was dismissed by the appellate authority by its judgment and order dated 27.9.1991.
(3.) LEARNED Counsel for the petitioner vehemently urged that the authorities below did not record findings on the relevant question involved in the case, i.e. bona fide and genuine need and comparative hardship. On the other hand, learned Counsel for the respondents submitted that the findings on all relevant questions were recorded by the authorities below, which were based on relevant evidence on record and the same cannot be interfered by the Court under Article 226 of the Constitution of India.;