R.H. Zaidi, J. - (1.) BY means of this petition filed under Article 226 of the Constitution of India, petitioner prays for issuance of writ, order or direction in the nature of certiorari quashing the order dated 31.8.2000 whereby application filed by the petitioner for appointing an Advocate -Commissioner to make local inspection of the building in question, has been rejected by the Prescribed Authority. According to the learned counsel appearing for the petitioner, there was some confusion with regard to the extent of accommodation in possession of the landlord, therefore, an application was filed for issuance of Commission to make local inspection for removing of doubt regarding the said accommodation. According to the learned counsel for the petitioner, it was necessary, in the present case to appoint/issue an Advocate -Commissioner to make local inspection and submit his report. The said application was objected to by the contesting respondents. It was contended that there was no necessity of issuing any Commission to make local inspection. The petitioner could file affidavit taking the objection with regard to the accommodation in possession of the landlord.
(2.) I have considered the submissions made by learned counsel for the parties. The Prescribed Authority after considering the material on the record, came to the conclusion that under the facts and circumstances of the present case it was not necessary to issue any commission for making local inspection and rejected the application by judgment and order dated 31.8.2000. The issuing a commission or not to issue the same, was discretionary for the Prescribed Authority. I do not find any illegality or infirmity or jurisdictional error apparent on the face of the record, in the order passed by the Prescribed Authority. It is, however, observed that the petitioner shall be at liberty to file affidavit taking the objection, which are being taken by means of this petition before this Court. If the affidavit is filed within a period of 15 days from today, the same shall be taken into consideration while deciding the case. It is further provided that the case, which is pending since 1984 before the Prescribed Authority, shall be decided expeditiously preferably within a period of two months or before, from the date a certified copy of this order is communicated to him. Subject to what has been stated above, this petition fails and is hereby dismissed.;