Hon’ble Ran Vijai Singh, J.—Heard Sri M.A.Qadeer, learned Senior Counsel assisted by Sri M.H.Qadeer, learned counsel for the petitioner and Sri S.P.Misra, learned counsel for the respondent.

By means of the present writ petition the petitioner has prayed for issuing a writ of certiorari quashing the order 10.9.2013 passed by the Civil Judge (Senior Division)/Prescribed Authority, J.P.Nagar by which the petitioner’s application No. 39-C for issuing Amin Commission has been rejected.

2. The facts giving rise to the present writ petition are that it appears that the respondent has filed a rejoinder-affidavit (Paper No. 38-C) on 3.8.2013 alongwith a map. In rebuttal to that the present petitioner has filed an application No. 44-C and has also annexed a map therewith (Paper No. 45-C) stating that the map filed by the respondent is incorrect.

3. It is contended by Sri Qadeer, learned senior counsel that release of the shop belonging to the petitioner was sought on the ground that on the roof of the petitioner’s shop there is an office of the father of the respondent and he being an old man facing a great trouble in climbing the stairs. Contrary to that an application was filed by