SABIR AHMAD Vs. DISTRICT JUDGE BAGHPAT

JUDGEMENT

(1.) HEARD learned Counsel for the parties.

(2.) THIS is tenant's writ petition arising out of eviction/release proceedings initiated against him by landlord respondent No. 3-Mohd. Usman on the ground of bona fide need under section 21 of U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. Property in dispute is a shop, rent of which, according to the landlord, is Rs. 200/- per month and according to the tenant is Rs. 40/- per month. Area of the shop is 27. 5 squire yard (frontage 10 feet and depth 25 feet ). Release application was registered as P. A. Case No. 90 of 1998, Prescribed Authority/j. S. C. C. , Meerut allowed the release application on 17. 10. 2000. Against the said judgment and decree, Misc. Appeal No. 277 of 2000 was filed, which was dismissed by District Judge, Baghpat on 2. 4. 2002, hence this writ petition.

(3.) THE most important point argued by the learned Counsel for the tenant petitioner is that property in dispute is situate in Baghpat and Baghpat was made District on 18. 9. 1997 and prior to that it was part of Meerut District, hence release application, which was filed exactly after one year, i. e. 15. 9. 1998, before Prescribed Authority, Meerut was not maintainable. Learned Counsel has further argued that even before 1997, District Judge, Meerut under section 3 (e) of the Act had passed an administrative order that Additional C. J. M. /civil Judge, Baghpat should exercise powers of prescribed authority in respect of cases arising out of from Baghpat area. This Court inquired the matter from the administrative section of the High Court. Joint Registrar called for the report from both the District Judges i. e. District Judge, Baghpat as well District Judge Meerut. Both the District Judges submitted their reports. According to the reports, Sri K. S. Rakhra, the then District Judge, meerut (as his lordship then was) by order dated 25. 6. 1997 appointed Sri Krishan Singh, A. C. J. M. , Baghpat as prescribed authority to hear cases relating to Tehsil Baghpat and Badaut. That Sri S. C. Srivastava was initially appointed O. S. D. , Baghpat and thereafter District Judge, Baghpat through notification dated 11. 6. 1999 and no order passed by him regarding jurisdiction of prescribed authority is available on record (Sri S. C. Srivastava as District Judge, Baghpat, decided the appeal giving rise to the instant writ petition ). It appears that after creation of District Baghpat, there was a lot of confusion about jurisdiction of Courts. Even regular District Judge was appointed in June, 1999 and till then Sri S. C. Srivastava was working as officer on special duty.