KAILASH PATEL Vs. SURENDRA PRASAD MODI

JUDGEMENT

(1.) HEARD.

(2.) APPELLATE order dated 14-12-2005 passed in C. A. No. 70-A/05 has been assailed by way of filing this petition. The said appeal was preferred as against decision of the Authorised Officer rendered under Section 39 of the m. P. Accommodation Control Act with respect to house in question which was allotted to Kailash Patel and possession was also ordered to be handed over. Aggrieved thereby the appeal was preferred, which has been allowed, case has been remanded to the Rent Controlling Authority, Jabalpur, aggrieved thereby the instant writ petition has been preferred.

(3.) SHRI Ramesh Shrivastava, learned Counsel appearing for the petitioner has assailed the order on the short ground that order was passed by the Authorised Officer allotting the accommodation to Kailash Patel, it was an order passed by Authorized Officer under Section 39 (2) of M. P. Accommodation Control Act, it was not an order passed by the Rent controlling Authority. There is a difference between Rent Controlling authority and Authorized Officer. Thus the appeal is not maintainable against the order. He has placed reliance on a decision of this Court in Gouri Shankar tiwari Vs. Girijanand Gupta and another, 1983 MPRCJ Note 9, in which it was laid down that order passed by the Authorized Officer under Section 42 of M. P. Accommodation Control Act is not appealable, appeal under Section 31 is provided against the order passed by Rent Controlling Authority but the order passed under Section 39 onwards are order passed by the Authorized Officer not by the Rent Controlling Authority, thus the order passed by Authorized officer are not appealable.