Anjani Kumar, J. - (1.) Heard learned counsel for the petitioner and Shri R. K. Awasthi, learned standing counsel, representing the respondent.
(2.) Petitioner has filed supplementary-affidavit today. In paragraph 2 of the affidavit, it has been stated that against the order dated 10th April, 2002 petitioner preferred an appeal under Section 22 of the U. P. Act No. 13 of 1972 (hereinafter called the 'Act'). The sadar munsrim of District Judge Kanpur Nagar, has given a report that since the appeal has been filed after the order rejecting the application filed under Order IX Rule 13 of Code of Civil Procedure, 1908, therefore, the appeal is not maintainable. On the basis of the report of the sadar munsrim, the appeal has been returned back by the District Judge, Kanpur Nagar observing that appeal is not maintainable under Section 22 of the Act. Petitioner has also annexed the original copy of the memorandum of the appeal and the same has been returned to the petitioner. The Section 22 of Act is reproduced below : "22. Appeal.--Any person aggrieved by an order under Section 21 or Section 24 may within thirty days from the date of the order prefer an appeal against it to the District Judge, and in other respects, the provisions of Section 10 shall mutatis mutandis apply in relation to such appeal."
(3.) A perusal of Section 22 of the Act provides that any person aggrieved by an order under Section 21 or Section 24 may within thirty days from the date of the order preferred an appeal against it to the District Judge, and in other respects the provisions of Section 10 shall mutatis mutandis apply in relation to such appeal.;