Yogendra Kumar Srivastava, J. - (1.) Heard Sri K. K. Nirkhi, learned counsel for the petitioners and Sri Manish Tandon, learned counsel for respondent nos. 2, 3 and 4.
(2.) The present petition seeks to challenge the order dated 18.04.2019 passed by the Prescribed Authority/1st A.J.S.C.C., Kanpur Nagar in Rent Case No. 38 of 2002 (Mohammad Moin and others vs. Ahmad and another) in terms of which the recall application dated 11.1.2019 filed by the respondent-landlord has been allowed and the earlier order dated 03.12.2018 has been set aside.
(3.) The records of the case indicate that against an order dated 8.4.2005 allowing the release application filed by the respondent nos. 2 and 3-landlords in proceedings under Section 21 (1) (b) of U.P. Act No. 13 of 1972, and the appellate order dated 9.8.2005, an earlier writ petition, Writ-A No. 63745 of 2005 (Ahmad vs. Mohd. Moin and others), was filed which was allowed vide judgment dated 22.1.2014 in the following terms :- "The writ petition is allowed. Impugned orders dated 8.4.2005 and 9.8.2005 (Annexures 7 and 8 respectively to this writ petition) are hereby quashed. Matter is remanded to Prescribed Authority only to decide whether the property in question is a Waqf property or not. In case it is found that property in question is a Waqf property, he will have no jurisdiction in the matter, and the application shall stand dismissed but in case otherwise, for all other aspects, the issue having already been decided by Courts below on merits, the same shall stand as it is and the matter shall stand decided accordingly.";