HARI SHANKER MISRA Vs. PRESCRIBED AUTHORITY

JUDGEMENT

(1.) -This is a writ petition under Article 226 of the Constitution of India. The petitioner is the tenant of a premises, situate in Allahabad. Mahanarain Mishra, respondent no. 4, is the landlord of the premises in dispute. The landlord has applied for release of the accommodation under section 21 of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, hereinafter referred to as 'the Act'.

(2.) THE sole question which has been convassed in the writ petition is that section 3 (e) of the Act which defines a 'Prescribed Authority' is ultra vires the Constitution of India and hence the application under section 21 of the Act, filed before the Prescribed Authority, cannot proceed and is not maintainable.

(3.) BEFORE embarking upon the question which has been urged in this petition it is necessary to examine the competence of the State Legislature to pass this Act itself. List II of the 7th Schedule which is State List, Entry 18 is as follows :-