J.C. Gupta, J. - (1.) HEARD petitioner's counsel and the Standing counsel. Having regard to the peculiar circumstances of the case, this writ petition is disposed of finally. Application filed under Section 21(1)(b) of the U.P. Act No. XIII of 1972 was allowed by the Prescribed Authority by the order dated 28.7.1997. The tenant petitioner has filed appeal against the said order which is still pending before the Respondent No. 1. During the pendency of appeal an application on behalf of the petitioner was moved for making amendment in the written statement to incorporate the plea that since the father of the landlord has not stated in the release application that after demolition and reconstruction, the same will be given to the petitioner and therefore, the application for release was liable to be rejected. This application was rejected by the appellate court vide order dated 9.2.1998. The petitioner then moved a review petition which has been rejected also by the impugned order dated 10.3.98. The plea which is sought to be introduced by way of amendment needed no evidence and it could be pressed by the petitioner before the appellate court and no formal amendment was necessary.
(2.) THIS writ petition is, therefore, disposed of with the observation that the petitioner shall be permitted to raise the aforesaid plea during the course of arguments at the time of hearing of appeal. Writ petition is accordingly disposed of.;