Advocates:
['HRIDAY RAJ TRIPATHI', '', 'RISHI KANT SINGH', 'PANKAJ AGARWAL']

Court No. - 6

Reserved

Case :- WRIT - A No. - 30480 of 2008

Petitioner :- Jagannath Prasad

Respondent :- Kailash Chandra

Counsel for Petitioner :- Hriday Raj Tripathi,Rishi Kant Singh

Counsel for Respondent :- Pankaj Agarwal

Hon'ble J.J. Munir,J.

1.

This is a landlord's writ petition arising out of a concurrent

refusal of a composite release application under Section under

Section 21(1)(a) and 21(1)(b) of the U.P. Act No. XIII of 1972 (for

short, 'the Act').

2.

The facts giving rise to this petition lie in narrow compass.

Admittedly, Jagannath Prasad was the original owner and landlord of

a shop, situate in Town Jalesar, Pargana and Tehsil Jalesar, District

Etah. The shop aforesaid is in the tenancy occupation of one Kailesh

Chandra at a monthly rent of Rs.26.62. The landlord, Jagannath

Prasad made an application for release under Section 21(1)(a) and

21(1)(b) of the Act before the Prescribed Authority, Etah on twin

grounds, to wit, that he bona fide requires the shop for the purpose

of widening an approach gallery to a market comprising twelve

shops, which is three feet wide on its western end and five feet in

the east. The market was said to be accessible throug