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2006 Supreme(All) 2263

RAJESH TANDON
MUKESH KUMAR GUPTA – Appellant
Versus
IIND ADDITIONAL DISTRICT JUDGE UDHAM SINGH NAGAR – Respondent


Advocates:
JAGDISH PRASAD, M.C.Bansal, Seema Sirohi, V.K.BIST,

Heard Sri V. K. Bist, Senior Advo cate assisted by Ms. Seema Sirohi Ad vocate for the petitioner and Sri Jagdish Prasad, Advocate for the respondents Nos. 2 & 3.

2. By the present writ petition, the petitioner has prayed for a writ of certiorari quashing the impugned order dated 10-12-2001 passed by respondent No. 1 (Appellate Authority) in R. C. A. No. 12 of 2000 (Annexure No. 8 to the writ petition ).

factual Matrix of the Case

3. Briefly stated, an application un der Section 21 (1) (a) of U. P. Act No. 13 of 1972 was filed by the petitioner against respondent Nos. 2 & 3 praying for the release of the Shop situated at Mohalla Bazar Ganj (Park Road), Kashipur, District Udham Singh Nagar, which is under the tenancy of respond ents Nos. 2 & 3, on the ground that the petitioner has passed high school and is unemployed and he has no independent business to earn his livelihood and, therefore, he wants to do the business of Electrical Goods, T. V. , V. C. R. , Music System, Cooking Range, etc. in the said Shop.

4. It was, further, stated by the pe titioner in his release application that his father Sri Mithilesh Kumar Gupta is do ing the independent business in the name of Mithilesh Kum













































































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