KALAWATI AND OTHERS Vs. NANKI DEVI AND ANOTHER

JUDGEMENT

(1.) Heard learned Counsel for the parties and also perused the record.

(2.) By means of this petition filed under Art. 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 22.4.2000 whereby the appeal filed by the landlrods in proceedings under Sec. 21 (1) (b) of the U.P. Urban Buildings (Regulation of Letting, Rent & Eviction) Act, 1972 (U.P. Act No. XIII of 1972) for short, "the Act" was allowed.

(3.) The relevant facts of the case giving rise to the present petition, in brief, are that respondents No. 1 and 2 have made an application for release of the building in question under Sec. 21 (1) (b) of the Act before the Prescribed Authority. It was pleaded that the building in question was in a dilapidated condition and the same required for purposes of demolition and new construction. The petitioners objected and opposed the aforesaid application pleading that the building in question was in a good condition, it was not dilapidated in any manner and that demolition was not necessary. The said application was, therefore, liable to be rejected. In support of their cases, parties have produced evidence. They have also filed the reports of their Architects. The Prescribed Authority also issued a commission who made local inspection of the building in question and thereafter submitted report. Against the said report, objections were filed by the petitioners. After going through the entire material on record, the Prescribed Authority dismissed the application by its judgment and order dated 12.3.1999 holding that the building in question was not in a dilapidated condition and the same did not require demolition or reconstruction. Challenging the validity of the said order, an appeal was filed by the landlords. The said appeal was allowed by judgment and order dated 4.10.1999 by the Appellate Authority after reversing the finding recorded by the Prescribed Authority. Challenging the validity of the said order, Writ Petition No. 5470 of 1999 was filed by the petitioners. The said writ petition was ultimately allowed by this Court and the case was remanded to the Appellate Authority for decision afresh after affording full opportunity of hearing to the parties. The Appellate Authority after hearing the parties and perusing the material on record, allowed the appeal by judgment and order dated 22.4.2000. Hence, the present petition.