SATYA NARAYAN PRASAD Vs. VIRENDRA KUMAR

JUDGEMENT

(1.) ANJANI Kumar, J. By means of present writ petition under Article 226 of the Constitution of India, the petitioner has challenged the order dated 29th May, 2004, passed by the Prescribed Authority/additional Civil Judge (Sr. Division), Varanasi in PA Misc Case No. 2 of 2004 (Virendra Kumar v. Satya Narayan Prasad) and the order dated 13th July, 2004, passed by the appellate Court in Rent Control Appeal No. 2 of 2004, Satya Narayan Prasad v. Virendra Kumar and others, copies whereof are annexed as Annexure Nos. '8' and '9' to the writ petition.

(2.) AT the outset, a preliminary objection is raised on behalf of learned counsel for the petitioner that no appeal lay against the order dated 29th May, 2004, therefore, there is no error in the order passed by the appellate Court, as the appellate Court has dismissed the appeal on the ground that appeal is not maintainable. This objection, if allowed to sustain, as submitted by learned counsel appearing on behalf of the petitioner, will not come as restrain by this Court to entertain this proceeding with regard to the alternative remedy, he therefore, prays that this writ petition may be treated to be a writ petition challenging the order dated 29th May, 2004, passed by the prescribed authority. The prayer is allowed.