R.H. Zaidi, J. - (1.) BY means of this petition filed under Article 226 of the Constitution of India, petitioner prays for issuance of a writ, order or direction in the nature of certiorari quashing the judgment and order dated 29.5.2000 whereby the appeal filed by the contesting respondent No. 2 was allowed in part and the case was remanded to the Prescribed Authority for decision afresh. It appears that proceedings under Section 21(1)(a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (U.P. Act No. XIII of 1972), for short the Act, arose on an application moved by the petitioner. In the said proceedings, one Bhudev Prasad, respondent No. 3, filed an application for impleadment claiming that he was one of the co -tenants of the building in question. The application filed by respondent No. 3 was dismissed by the Prescribed Authority by his judgment and order dated 14.1.2000 and allowed the release application by judgment and order dated 7.2.2000. Challenging the validity of both the orders, the respondent No. 3 filed an appeal before the Appellate Authority and also filed Writ Petition No. 3465 of 2000 before this Court. The said writ petition was ultimately allowed by judgment and order dated 1.3.2000. The relevant portion of the said judgment is quoted below: ..... The appeal is still pending before the appellate authority. The appellate authority can examine the version of the petitioner as to whether he is co -tenant or not. The appeal shall be decided within two months from the date of production of a certified copy of this order. The petitioner shall not be evicted, if he is in possession of the disputed accommodation, till the disposal of the appeal filed by him. The writ petition is accordingly disposed of.
(2.) ON remand, the parties were heard. The Appellate Authority after hearing the parties and perusing the material on record allowed the appeal in part and remanded the case to the Prescribed Authority for decision afresh vide its judgment and order dated 29.5.2000. Challenging the validity of the said order, the present petition has been filed. Learned counsel for the petitioner submitted that this Court remanded the case to the Appellate Authority for decision. The Appellate Authority had the all powers of the Prescribed Authority, therefore, there was no justification for the Appellate Authority to send back the case to the Prescribed Authority. The appeal should have been decided by the Appellate Authority itself. The judgment and order passed by the Appellate Authority was therefore, liable to be quashed.
(3.) I have considered the submissions made by learned counsel for the petitioner and also perused the record.;