- (1.) S. K. Agarwal, J. Heard learned Counsel for the applicant and learned A. G. A.
(2.) ISSUE notices. I have perused the affidavit and connected annexures on which reliance has been placed. Certified copy of the order of the City Magistrate dated 29-3-2003, reads like this "reader, 145 (1) and 146 (1) KE ANUSAAR KARYVAHI KAREIN. : Prior to this an application was made to the City Magistrate by the landlord Sri Irshad Hussain narrating the facts that his tenant Azeem initially agreed to vacate the shop and shop. into a new shop. that was made available to this applicant by his landlord. Lateron the applicant has declined to shift this shop into the new shop. It was further prayed in that application that he may be put into possession in the disputed shop. which is in possession of the applicant. Azeem. Conspicuously enough, the City Magistrate, exercising what authority directed that the landlord be put into the earmarked shop and the tenant applicant, should be shifted into third shop. Probably drunk with the power or for some extraneous considerations the City Magistrate passed this order in collusion with the landlord is clearly discernible. He tried to satisfy the whims of the landlord by passing the above order. By doing so he has flouted the settled law. Law of rent control is in existence in this State. If such a relief was required by any landlord, he is to take recourse to that law but the City Magistrate for unknown reason took upon himself the responsibility to serve the cause of the landlord. When the order was challenged before the District Magistrate, he stayed this order and directed the Magistrate to remit the the record. What happened thereafter is still more mind boggling. The application under Section 145/146 Cr. P. C. came into existence immediately thereafter before the same City Magistrate. Promptly the police report was called and on receipt of the police report, the order quoted above was passed by the City Magistrate under Section 145 (1) and 146 (1) Cr. P. C. While doing so he had not complied with the provision of Section 145 (1) and 146 (1) Cr. P. C. in as much as he did not express any opinion on the emergency aspect before passing the said order. The City Magistrate has directed his reader to take necessary action in accordance with law as if he has delegated his power to his reader. The ways adhered to by the administrative officers who are vested time and again with the power to discharge some judicial functions by law is peculiar. While doing so these officers have completely lost their mental balance and equilibrium. They do not understand that in the exercise of judicial authority, the orders to be passed by them ought to be within the periphery of the norms settled by the judicial system and required by the law. Probably they do not feel it necessary to go through the relevant provisions. The authority for the exercise of such power was conferred by law on them. This is a sorry State of affairs which cannot be condoned in a light vain. In the circumstances, the proceedings before the City Magistrate, Agra in Case No. 7 of 2003 (State v. Haji Irshad Hussain and others) under Section 145 Cr. P. C. P. S. M. M. Gate, District Agra are hereby stayed. It is further directed that the District Magistrate, Agra, will hold an enquiry into the conduct of City Magistrate in passing such unlawful orders. What considerations made him flout the law so flagrantly. The result of the enquiry shall be communicated to this Court. The enquiry must be concluded within six weeks from the date a certified copy of this order is produced before the District Magistrate. Certified copy of the order on the application is taken on record. If in pursuance of the order passed by the City Magistrate, the applicant has been dispossessed, his possession shall be promptly restored back by District Magistrate concerned after going through the record.
(3.) A copy of this order be also served on the City Magistrate, who by name has been made a party in this application. Proceedings stayed. .;