R.H. Zaidi, J. - (1.) Heard learned Counsel for the petitioner.
(2.) 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 order dated 13.10.2000 passed by the Prescribed Authority rejecting the application for permission to serve the interrogatories upon respondent No. 1.
(3.) It appears that respondent No. 1 filed an application 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. In the said proceedings the petitioner filed an application for permission to serve the interrogatories upon respondent No. 1. The application filed by the petitioner was objected to and opposed by respondent No. 1, It was contended that there was absolutely no vagueness in the pleadings of the said respondent at that stage and that the petitioner even did not file the written statement denying or admitting the facts stated in the release application. In case statement of fact, according him. was incorrect he should have pleaded so in the written statement. At this stage, it could not be said that it was necessary for respondent No. 1 to give reply of the interrogatories which were sought to be served upon him. The Prescribed Authority after affording an opportunity of hearing and perusing the evidence on record as well as pleadings, came to the conclusion that the facts which the petitioner wanted to plead could be proved by the evidence, oral and documentary, and that no case for permission to serve the interrogatories were made out. Having recorded the said finding, the application filed by the petitioner was dismissed by the impugned order. Hence, the present petition.;