KRIPA RAM Vs. JAGDISH CHAND TYAGI

JUDGEMENT

(1.) THE two petitioners Kripa Ram and his son Shiv Kumar Mittal had filed the present writ petition. Kripa Ram is now dead. Kripa Ram was the owner of house no. 1/105 Mohalla Kayastwara, Deoband, district Saharanpur. Sri Jagdish Chand Tyagi was their tenant.

(2.) AN application was filed by Jagdish Chand Tyagi before the district Magistrate, Saharanpur praying that he be granted an authorisation to prosecute Kripa Ram and his son Shiv Kumar Mittal for having committed offences punishable under sections 26 (1) and 26 (4) of U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. The authorisation was sought in view of the provisions of section 33 (1) of the Act as no prosecution can be instituted except on a complaint authorised by the District Magistrate. The District Magistrate after notice to the petitioners authorised the filing of the complaint by Jagdish Chand Tyagi, against the petitioners for having contravened the provisions of sections 26 (1) and 26 (4) of the Act which were said to be punishable under section 31 of the Act.

(3.) AGGRIEVED against the order of the District Magistrate authorising the sanction, the petilioners have filed the instant writ petition.