RAJ MOHAN KRISHNA Vs. DURGESH KUMAR SRIVASTAVA

JUDGEMENT

(1.) THIS is a petition tiled under Article 226 of the Constitution of India arising out of proceedings under section 21 of U P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, U. P. Act XIII of 1972, hereinafter referred to as the Act. The respondent no. 1, Durgesh Kumar Srivastava filed an application under section 21 of the Act on the ground that the building was required by him for his personal use. The application under section 21 of the Act was contested by the petitioner. THIS case was initially pending in the court of Sri Amar Singh, Judicial Magistrate Allahabad, who was exercising the powers of the prescribed authority under the Act. Subsequently the case was transferred to the III Additional Civil Judge, Allahabad. The petitioner challenged the jurisdiction of the III Additional Civil Judge to decide the application under section 21 of the Act on the ground that the order passed by the District Judge, Allahabad transferring the case to the III Additional Civil Judge, Allahabad was not a valid authorisation and as such the III Additional Civil Judge had no jurisdiction to try the case. These objections were decided by the III Additional Civil Judge by his order dated 23rd August, 1986 holding that the authorisation made by the District Judge in his favour was a legal and valid authorisation and as such he has jurisdiction to proceed with the case. The petitioner has now challenged this order by means of the present petition.

(2.) THE only question to be considered in this petition is as to whether the order passed by the District Judge, Allahabad on 12 December, 1985 authorising the lII Additional Civil Judge, Allahabad to act as the prescribed authority under the Act is a valid order or not.

(3.) ON December 12, 1985 the District Judge, Allahabad withdrew the cases from the Judicial Magistrate III and Judicial Magistrate IV and transferred them to the II Additional Civil Judge and III Additional Civil Judge, Allahabad respectively and appointed the II and III Additional Civil Judges as prescribed authorities for the respective areas. The order dated December 12, 1985 is quoted below :-