By means of this petition, moved under Section 226 of the Constitution of India, the petitioner has sought writ in the nature of certiorari quashing the impugned order dated 6-8-1982 (Annexure 8 to the petition), whereby an application moved under Section 24 of U.P. Urban Buildings (Regulation of Letting Rent & Eviction) Act, 1972 (U.P. Act No. 13 of 1972), is dismissed by respondent no. 1 i.e. District Jude, Nainital.

2. Heard learned counsel for the parties and perused the affidavits. and counter affidavit filed by them.

3. Brief facts of the case are that petitioner was tenant in a shop situated in Jwala Line, Ramnagar, District Nainital. Respondent No.2 Mohd. Kasim, was his landlord. An application under Section 21 (1)(a) of the U.P. Urban Buildings (Regulation of Letting, Rent & Eviction) Act, 1972,was moved by respondent no. 2 Mohd. Kasim before the Prescribed Authority, Kashipur, for release of his shop for setting up business of his son. (Earlier Kahsipur was part of District Nainital). The petitioner contested the application. However, after hearing the parties, said application for release of the shop, was allowed by the Prescribed Authority vide its order dated 5.