BACHCHA LAL Vs. PRESCRIBED AUTHORITY AND OTHERS

JUDGEMENT

(1.) By means of this petition filed under Art. 226 of the Constitution of India, petitioner prays for issuance of a writ, order or direction in the nature of certiorari quashing the order dated 13.9.1999 whereby the appeal filed by the petitioner was dismissed and the order dated 10.5.2000 whereby the appeal has again been dismissed after the case was remanded by the High Court to the Appellate Court.

(2.) The relevant facts of the present case, in brief, are that on an application filed by the contesting respondent under Sec. 21 (1) (a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (U.P. Act No. XIII of 1972) for short, "the Act", the building in question was released in his favour. Challenging the validity of the said order, the tenant petitioner filed an appeal before the Appellate Authority. The Appellate Authority also affirmed the findings recorded by the Prescribed Authority and dismissed the appeal by its judgment and order dated 13.9.1999. Challenging the validity of the said order, petitioner filed a writ petition in this Court. The said writ petition was allowed by this Court. The impugned order dated 13.9.1999, was quashed and the case was remanded back to the Appellate Authority for decision afresh in the light of the observations made by the High Court. The Appellate Authority, after hearing the learned Counsel for the parties, again affirmed the findings recorded by the Prescribed Authority and dismissed the appeal by its judgment and order dated 10.5.2000. Hence the present petition.

(3.) Learned Counsel for the petitioner vehemently submitted that the Appellate Authority has acted illegally in affirming the order of release passed by the Prescribed Authority and dismissing the appeal without considering the material evidence, which formed part of the record. It has also been urged that the Appellate Authority has acted illegally in not complying with the order passed by this Court and in dismissing the appeal arbitrarily.