ISHWAR PAL SINGH Vs. DISTRICT MAGISTRATE MEERUT

JUDGEMENT

(1.) This is a tenant's writ petition for quashing of the order dated 26.2.1999 passed by District Magistrate, Meerut refusing to entertain the transfer application filed by the petitioner on the ground that he has no Jurisdiction to entertain such application. According to the District Magistrate, the District Judge is appellate/revising authority under the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act. 1972 (the Act for short), the transfer application is maintainable before him only. Facts

(2.) Sri Prabhat Banerjee was initially owner and landlord of the premises In dispute. He sold it to Sri Om Veer Singh on 11.3.1997. He is now the owner and landlord of the premises in question. Petitioner is a tenant at the rate Rs. 200 per month. The landlord filed an application on 17.6,1998 under Section 16 of the Act, before the District Supply Officer (Respondent No. 2). He brought to his notice that the tenant has removed his belongings from the disputed premises and it has become vacant. It may be released in his favour. An inspection report was also submitted. Subsequently, the tenant filed an application dated 23.2.1999 to transfer the case from District Supply Officer to any other competent officer. This application was also supported by an affidavit. It was dismissed by the District Magistrate, Meerut on 26.2.1999 holding that he has no Jurisdiction to entertain transfer application. It should be filed before the District Judge. Point for Determination

(3.) I have heard Sri Pramod Jain, learned counsel for the petitioner and Sri P. K. Singhal, Additional Chief Standing Counsel for the District Magistrate, Meerut and District Supply Officer, Meerut. The following point arises for determination. Has the District Magistrate power to transfer the case ; or should the transfer application be filed before the District Judge, who is a revisional/appellate authority under the Act? Findings