Court No. - 30
Case :- MATTERS UNDER ARTICLE 227 No. - 5159 of 2018 Petitioner :- Mohd. Ali Respondent :- Prescribed Authorty Moradabad And Another Counsel for Petitioner :- Kashif Gilani Counsel for Respondent :- Iqbal Ahmad
Hon'ble Vivek Kumar Birla,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the petitioner and Ms. Heena Safiq, learned counsel holding brief of Sri Iqbal Ahmad, learned counsel for the respondents and perused the record.
Present petition has been filed challenging the order dated 22.5.2018 passed by the respondent no. 1 in P.A. Suit No. 19 of 2015 (Pradeep Kumar Gupta vs. Mohd. Ali) whereby application being paper no. 39-Ga filed by the petitioner for seeking a direction to the plaintiff to disclose his PAN number and to file bank account statement on record has been rejected.
Submission of the learned counsel for the petitioner is that the application has been rejected without application of mind as the claim of the plaintiff is a false claim and release application under Section 21(1(A) of UP Act 13 of 1972 has been filed on the false ground.
Learned counsel for the respondents has supported the order impugned here and submits that no interference is warranted by this Court under Article 227 of the Constitution of India.
I have considered the rival submissions and perused the record.
Admittedly, the tenant-petitioner has yet not given his evidence. As rightly observed by the Court below, this is subject matter of evidence.
In such view of the matter, I do not find any good ground to interfere with the order impugned herein.
Present petition is bereft of merit and accordingly dismissed. No order as to costs.
Order Date :- 30.7.2018 Abhishek