- (1.) S. P. Mehrotra, J. The present Writ Petition under Article 226 of the Constitution of India has been filed by the petitioner, inter alia, praying for quashing the order dated 26-9-2003 (Annexure No. 5 to the Writ Petition) passed by the learned Civil Judge (Senior Division), Muzaffarnagar (Prescribed Authority) in P. A. Case No. 29 of 1999.
(2.) THE dispute relates to an accommodation, the details whereof have been given in the release application referred to hereinafter. THE said accommodation has hereinafter been referred to as "the disputed accommodation. " From a perusal of the averments made in the Writ Petition and the Annexures thereto, it appears that the respondent filed a release application under Section 21 (1) (a) of the U. P. Act No. XIII of 1972 (in short "the Act") against the petitioner for the release of the disputed accommodation. The said release application was registered as P. A. Case No. 29 of 1999. Copy of the said release application has been filed as Annexure No. 1 to the Writ Petition. It further appears that the petitioner contested the said release application, and file his written statement. Copy of the said written statement has been filed as Annexure No. 2 to the Writ Petition.
(3.) IT further appears that during the pendency of the said release application before the Prescribed Authority, the petitioner filed an application dated 15-9-2003 (No. 48 Ga) for spot inspection along with an affidavit. Copy of the said application dated 15-9-2003 (No. 48 Ga) for spot inspection along with its supporting affidavit has been filed as Annexure No. 3 to the Writ Petition. The respondent filed an objection dated 22-9-2003 (No. 50 Ga) against the said application for spot inspection dated 15-9-2003. Copy of the said objection dated 22-9-2003 (No. 50 Ga) has been filed Annexure No. 4 to the Writ Petition. By the impugned order dated 26-9-2003 (Annexure No. 5 to the Writ Petition), the said application (No. 48 Ga) for spot inspection has been rejected by the learned Civil Judge (Senior Division)/prescribed Authority, Muzaffarnagar.;