P. N. Bakshi, J. - (1.) RESPONDENT No. 3 filed an application under section 21 of U. P. Act XIII of 1972. The case remained pending before the Prescribed Authority for some time. On 23-6-1975 the Prescribed Authority sent a report to the District Magistrate, Dehradun in the following words :- "D. M./Prescribed Authority. During the course of the pendency of this case, certain extra judicial facts have come to tight which has necessitated the transfer of the case from my court. In the interest of justice to the parties it is prayed that this case may kindly be transferred to your own court for disposal according to law. Submitted for orders. Sd/- Ashok Kumar. A.D.M. (E) Prescribed Authority. 23-6-1975."
(2.) ON receiving this report, the District Magistrate transferred the case to his file. He directed notice to issue to the parties fixing 23-7-1975 as the date for argument. The order of the District Magistrate dated 21-7-1975 which has been impugned in this writ petition runs as follows :- " In view of the report of the Prescribed Authority/Addl. District Magistrate (E) Dehradun, dated 23-6-1975, the case Sri Tilak Raj Kapoor v. Sri Shiam Narain Khanna u/Sec. 21 of the U. P. Urban Buildings (Regulation of Letting, Rent & Eviction) Act, 1972 is taken on my file for disposal. Let case be registered and fixed for arguments on 28-7-1975. The parties be informed accordingly." The petitioner Shiam Narain Khanna has filed this writ petition challenging the jurisdiction of the District Magistrate to transfer the case from the court of the Prescribed Authority to his own court. The unamended section 3(e) of Act 13 of 1972 runs as follows :- " " Prescribed authority" means a Magistrate of the first class having experience as such of not less than three years, authorised by the District Magistrate to exercise, perform and discharge all or any of the powers, functions and duties of the Prescribed Authority under this Act, and different Magistrates may be so authorised in respect of different areas or cases or classes of cases, and the District Magistrate may recall any case from any such Magistrate and may either dispose of it himself or transfer it for disposal to any other such Magistrate." Under this unamended section it is clear that the District Magistrate was empowered to recall any case from the court of the Prescribed Authority and to dispose it of himself. On 20-7-1974 however this section was amended. The amended section 3 (e) runs as follows :- " "Prescribed Authority" means an officer having not less than three years experience as Munsif or as a Magistrate of the 1st Class or as Executive Magistrate authorised by a general or special order of the State Government to exercise, perform and discharge all or any of the powers, functions and duties of the Prescribed Authority under this Act and different officers may be so authorised in respect of different areas or cases or classes of cases." It is significant to note that in this amended section no power has been given to the District Magistrate to transfer cases from the Prescribed Authority to his own court. It may be that this is due to an inadvertent omission in the drafting of the legislation. It does appear to be very anomalous that the District Magistrate should have been deprived of this power with the result that if the Prescribed authority feels itself incompetent to deal with the case, on account of collateral reasons, the case cannot be transferred by the District Magistrate and has to remain at a stands-still till orders are secured from the State Government appointing a prescribed authority for dealing with such cases. However, courts of law cannot fill up the lacuna in an ill-drafted and hasty legislation. The legal position today is that the District Magistrate has no power to recall or transfer a case from the file of the prescribed authority to his own court. As such, the impugned order of the District Magistrate, Dehradun dated 1-7-1975 annexure 2 is without jurisdiction and it must be quashed.
(3.) THIS writ petition is accordingly allowed and writ of certiorari is issued quashing the impugned order of the District Magistrate, Dehradun dated 1-7-1975 transferring the ease from the court of the Prescribed Authority to his own court. The case can be disposed of in accordance with law by another prescribed authority which the State Government may choose to appoint and to whom the case may be allotted by the order of the said Government. In the circumstances of the case there shall be no order as to costs. Petition allowed.;