LAWS(ALL)-2002-4-112

SHANKAR LAL YADAV Vs. DISTRICT JUDGE MIRZAPUR

Decided On April 15, 2002
SHANKAR LAL YADAV Appellant
V/S
DISTRICT JUDGE, MIRZAPUR Respondents

JUDGEMENT

(1.) Heard Sri L.N. Pandey, learned counsel appearing on behalf of the petitioner and learned standing counsel as well as Sri Wasim Alam, learned counsel in opposition.

(2.) By means of the present writ petition under Article 226 of the Constitution of India, petitioner has challenged the order of the revisional court dated 16.1.2002. Annexure-2 to the writ petition, whereby the revisional court, after setting aside the order passed by the prescribed authority, allowed the revisions and remanded back the matter to the prescribed authority directing him to decide first the question as to whether there is any vacancy in the accommodation in question and it is only after deciding the question of vacancy, he will decide the release application of the landlord and in case the release application of the landlord is rejected, then he will decide the applications moved for allotment.

(3.) I have gone through the order impugned in the present writ petition. None of the rights of the petitioner, at this stage, is affected and the revisional authority has remanded back the matter before the prescribed authority to decide the issues in the light of the directions issued by the revisional court. Since it is a remand order, it is settled that normally this Court will not interfere with the order of remand. Petitioner has full opportunity to raise such objections as are open to him before the court below.