Ram Surat Ram (Maurya), J. –

Heard Sri Mohd. Arif Khan, Senior Advocate, assisted by Sri Mohd. Aslam Khan and Sri Mohd. Shadab Khan, for the petitioner and Sri Kabir Ahmad Khan along with Sri Anurag Srivastava, for respondent-3. The counsel for respondent-3 stated that he did not propose to file Counter Affidavit as such with consent of the parties, writ petition is being decided finally.

2. The writ petition has been filed against the orders of Prescribed Authority dated 04.10.2011 and Additional District Judge dated 05.02.2016, passed in proceeding under Section 21 of U.P. Urban Building (Regulation of Letting, Rent and Eviction) Act,1972 (hereinafter referred to as the Act).

3. Mohd. Asif Naseer (respondent-3) (hereinafter referred to as the applicant) filed an application (registered as P.A. Case No. 10 of 2008) under Section 21 (1) (a) of the Act, on 20.03.2008, for release of Shop No. 64, situated on Ground Floor of Building No. 31/72, Mahatma Gandhi Marg, Hazratganj, Lucknow, size of which is given as 42 Sq. feet. The applicant took plea that he had purchased the disputed shop, through sale deed dated 29.10.2004 (registered on 30.10.2004) from its previous owners Prash