Markandey Katju, J. - (1.) THE writ petition has been filed against the impugned order dated 3.2.1994, Annexure -3 to the writ petition by which petitioner's application for recall of the order dated 24.2.1989 for proceeding ex -parte, has been rejected. I have heard Sri R.S. Saxena learned Counsel for petitioner and Shri U.P. Ojha for respondents.
(2.) THE respondents landlord filed application under Section 21 of U.P. Act No. 13 of 1992 which is still pending. During the course of the proceeding the order dated 24.2.1989 for proceedings ex -parte was passed. On the fact and circumstances, I am of the opinion that the petitioner should be heard before deciding the application under Section 21 and the respondent No. 1 wrongly rejected his application hence I set aside the impugned orders dated 24.2.1989 and 3.2.1994 but I direct proceeding under Section 21, shall be decided within four months of production of certified copy of this order before the Prescribed Authority after hearing the parties concerned. With these observations this petition is finally disposed of. ;