RAMJI LAL ASTHANA Vs. SPECIAL JUDGE

JUDGEMENT

(1.) BEING aggrieved by an order passed by the Appellate Authority in the proceedings Under Section 21(1)(a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as "Act") whereunder modifying the order passed by the Prescribed Authority, the entire premises in dispute has been released in favour of the landlady, the tenant-petitioner has now approached this Court for redress seeking the quashing of both the orders. The Prescribed Authority had granted the release of a part of the accommodation in dispute. This order gave rise to two appeals, one by the landlady and other by the tenant. The Appellate Authority vide its order under challenge allowed the appeal of the landlady and dismissed that of the tenant with the result that the entire premises in dispute which was under the tenancy of the petitioner now stands released in favour of the landlady.

(2.) THIS writ petition was presented on 15.3.1993. The learned Counsel for the petitioner apart from raising various grounds challenging the impugned order, passed by the Appellate authority, asserted in paragraph 24 of the writ petition that Shri B.A. Zaidi the Special Judge (Essential Commodities Act) who had disposed of the appeal filed by the petitioner under Section 22 of the Act had no jurisdiction to entertain the appeal under that provision and he lacked initial jurisdiction. The Counsel for the petitioner filed a supplementary affidavit on 17.3.1993 asserting that Sri B.A. Zaidi who had decided the appeal giving rise to the present writ petition had been appointed a Special Judge (Essential Commodities Act) vide notification No. C- 703/JRS/92, dated 26th May, 1992 which was to the following effect :

(3.) A counter affidavit was filed on behalf of respondent No. 1 on 13.4.1993 whereunder it was asserted that the appeal filed under Section 22 of the Act had been transferred for disposal to Sri B.A. Zaidi by the District Judge, Kanpur Nagar vide the order dated 28.8.1989. It was further asserted that in a letter dated 4.11.1982 issued by the High Court, it had been provided that Special Judge appointed under the provisions of the Essential Commodities Act were to discharge the duties of Additional and District Sessions Judges in addition to their duties. It was asserted that in this view of the matter Sri. B.A. Zaidi could not be deemed to have no jurisdiction to decide the appeal.