R.H.Zaidi, J. - (1.) Heard learned Counsel for the petitioner and also perused the record.
(2.) By means of this petition filed under Article 226 of Constitution of India, petitioner challenges the validity of the order dated 9.10.2000, whereby the Prescribed Authority has appointed Advocate Commissioner to make local inspection of the building alleged to have been purchased by the petitioner as well as the building, which was occupied by the contesting respondent No. 2.
(3.) It appears that during the pendency of the 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', respondent No. 2 filed an application for appointment of a Commissioner to inspect the building alleged to have been purchased/acquired by the petitioner. The petitioner filed objection against the said application. It was contended that the house, which was held by respondent No. 2, was also liable to be inspected. The Prescribed Authority, under the facts and circumstances of the present case, accepted the request made by the parties and appointed a Commissioner to make local inspection of both the buildings, i.e., the building held by the petitioner as well as the building acquired/built by the respondent No. 2. It has also been directed that the parties shall bear the cost of the commission to the extent of one half each. I do not find any illegality or infirmity in the impugned order. The Prescribed Authority has got the jurisdiction to issue/appoint a commission in exercise of power conferred upon it under clause (c) of sub-section (1) of Section 34 of the Act, which is quoted below:- "34. Powers of various authorities and procedure to be followed by them:-(1) The District Magistrate, the Prescribed Authority or any Appellate or Revising Authority shall for the purposes of holding any inquiry or hearing any appeal or revision under this Act have the same powers as are vested in the Civil Court under the Code of Civil Procedure, 1908 (Act No. V of 1908), when trying a suit, in respect of the following matters namely,- (a) .................................................. (b) ................................................. (c) inspecting a building or its locality, or issuing commission for the examination of witnesses or documents or local investigation;";