KASHI NATH Vs. BHAGWAN DAS SHARMA

JUDGEMENT

(1.) R. H. Zaidi, J. In both these peti tions, common questions of law and fact are involved, therefore, they were heard together and are being disposed of by this common judgment. Writ Petitionno. 4349 of 1982 shall be the leading case. Heard learned Counsel for the par ties.

(2.) BY means of this petition filed under Article 226 of the Constitution of India, petitioners pray for issuance of a writ, order or direction in the nature of certiorari quashing the order dated 30-1-1982 whereby the appeal filed by the petitioners was dismissed by the Appel late Authority and the order dated 31-8-1981 whereby the application for release of the building in question was dismissed by the Prescribed Authority.

(3.) 1 have considered the submissions made by the learned Counsel for the petitioners and also perused the record. The findings recorded by the authorities below on the questions of need and hardship, are concurrent findings of fact, which are based on the relevant evidence on record. I do not find any il legality or infirmity in the said findings. So far as the spot inspection is concerned, the application filed by the petitioner was rejected by the Prescribed Authority. The petitioner did not challenge the validity of the said order immediately after the said order was passed. Even in the appeal, on request appears to have been made that a commission should be issued for making spot inspection of the building in question which was stated to be in occupation of the respondents. Therefore, at this stage, it cannot be urged that it was necessary to get the building inspected. No case for inter ference under Article 226 of the Constitu tion of India is made out.