SRI RAMESH CHANDRA Vs. SRI RAN SINGH

JUDGEMENT

(1.) Heard Sri Nagendra Kumar Srivastava, learned counsel for the petitioner and Sri Sumit Daga, learned counsel for the respondent.

(2.) By means of the present writ petition, the judgments and orders passed by the Courts below dated 4.3.2009, 14.8.2015 and 24.11.2015 are under challenge.

(3.) The present petition arises out of the release proceeding namely P.A. Case No. 18 of 2005 (Ran Singh vs. Ramesh Chandra) instituted under Section 21(1)(a) of U.P. Act No. 13 of 1972 for the release of shop no. 766/264 situated at Mohalla Hastinapur Road, near Jain Mandir, Mawana Kala, District Meerut. The need set up in the release application was for the landlord and his son to start a business. The ground of challenge to the order of the release in the present petition is that the Prescribed Authority/Judge Small Causes Court, Meerut had no jurisdiction to entertain and adjudicate the release application. The Court of Civil Judge (Junior Division), Mawana was the designated Prescribed Authority for the area in question and, therefore, it was the only competent authority to entertain the release application.