BHARAT TRADERS Vs. DISTRICT JUDGE, JHANSI 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 11.7.2000 passed by the Appellate Authority dismissing the application filed by the petitioner for issuing a commission to make local inspection. Prayer for a writ of mandamus directing the respondent No. 2 to issue a commission for making inspection of buildings available to respondent No. 3 has also been made.

(2.) It appears that the respondent No. 3 filed an application under Sec. 21 (1) (a) the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (U.P. Act No. XIII of 1972), for short the Act, for release of the building in question. During the pendency of the said application, the petitioner, who happens to be a tenant in the building in question, made an application for issuance of a commission or to make a local inspection. The application was objection and opposed by the contesting respondent and was ultimately dismissed on 19.5.1999, by means of a detailed and speaking order. The release application was allowed by the Prescribed Authority. Petitioner, challenging the validity of the order of release, filed an appeal before the Appellate Authority and also made an application for issuance of commission. The Court below, after considering the facts and circumstances of the case, dismissed the said application by its judgment and order dated 11.7.2000, hence the present petition.

(3.) Learned Counsel for the petitioner did not dispute that the order dated 19.5.1999 has became final; but contended that the Appellate Authority should have issued the commission for making the inspection. According to them Appellate Authority has acted illegally in rejecting the said application.