(1.) BY means of this petition filed under Article 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 9.10.2000 whereby application filed by the petitioner to appoint a Commissioner to make local inspection of the building in question, was dismissed by the Prescribed Authority and the order dated 17.10.2000 whereby the application filed by the petitioner for recalling the said order was dismissed, by the said Authority. It appears that a case under Section 21(1)(a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (U.P. Act No. 13 of 1972) for short the Act filed by respondent No. 2, the petitioner filed an application for appointment of Commissioner. The said application was objected to and opposed by the contesting respondent. The Prescribed Authority after considering the material on record and after hearing the parties, dismissed the said application. Thereafter the petitioner filed application for recalling the order dated 9.10.2000 which was also dismissed. Hence, the present petition.
(2.) THE proceedings under the Act are summary in nature, they are to be decided expeditiously after following the procedure prescribed under the Act and the rules framed thereunder. The Prescribed Authority has got jurisdiction to appoint or not to appoint the Commissioner in a particular case. Since it was discretionary for the Prescribed Authority to appoint or not to appoint the Commissioner for making a local inspection, the orders passed by the Prescribed Authority, which are impugned in the present petition, cannot be interfered with. I do not find any error in the orders passed by the Court below. In the instant case, it was not necessary to make the local inspection inasmuch as the relevant facts have already come on the record by means of affidavits filed by the parties. Further, in case the Prescribed Authority draws any inference against the petitioner on the ground that the building was not got inspected, it would be a good ground for the petitioner in appeal if the case is decided against him. No case for interference under Article 226 of the Constitution of India is made out.