S.C.Mathur, J. - (1.) THIS petition arises from the proceedings for release Under Section 21 of the U.P. Urban Buildings (Regulation of Letting, Rent & Eviction) Act, 1972 (Act No. 13 of 1972) for short, 'Buildings Act'. Opposite Parties No. 4 and 5 Girlish Kumar and Rajesh Kumar filed application against Petitioner Abide Ali seeking release of the shop in question on the ground that the same was required by them for their own use. The application was rejected by the Prescribed Authority Massif, Bacharach Opposite Party No. 3 by his Order dated 08.02.1985, Annexure No. 3. Opposite Parties No. 4 and 5 thereafter preferred Appeal Under Section 22 before the learned District Judge, Bacharach who transferred it for hearing to the Civil Judge, Bacharach. Opposite Party No. 2 allowed the appeal and released the shop in question in favor of Opposite Parties No. 4 and 5. Aggrieved by this order of the learned Civil Judge tenant -Petitioner has approached this Court Under Article 226 of the Constitution.
(2.) APART from challenging the order of the learned Civil Judge on merits, Petitioner has raised a purely legal ground which pertains to the jurisdiction of the Civil Judge, to hear the appeal. The Petitioner admits that this question was not raised before the learned Civil Judge but his learned Counsel has pressed that since the matter relates to inherent lack of jurisdiction he may be permitted to raise it before this Court in the present proceedings. In my opinion, the question raised by the learned Counsel does go to the root of the jurisdiction of the learned Civil Judge to hear and decide the appeal and therefore, Petitioner should be permitted to raise the plea in the present proceedings despite the fact that the plea was not raised before the appellate authority below. According to the learned Counsel for the Petitioner an appeal Under Section 22 could be heard either by the District Judge himself or by an Additional District Judge and no other officer was comps tent to hear and decide such an appeal. For making the submission the learned Counsel has placed reliance upon Sections 22 and 10 of the Buildings Act. Section 22 provides as follows: 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. This provision prescribes forum for appeal in respect of proceedings Under Section 21 of the Act. Apart from providing the forum it also provides the limitation for filing the appeal against the order Under Section 21. Thereafter, it provides that in respect of other matters Section 10 would be applicable mutatis mutandis. Section 10 provides for appeal against orders passed Under Sections 8 and 9. Under this provision also appeal lies to the District Judge. Sub -section (1) of Section 10 reads as follows: 10(1). Any person aggrieved by an order of the District Magistrate Under Section 8 or Section 9 may, within 30 days from the date of the order, prefer an appeal against it to the District Judge, and the District Judge may either dispose it of himself or assign it for disposal to an Additional District Judge under his administrative control, and may recall it from any such officer or transfer it to any other such officer. This Section first provides the appellate forum which is the District Judge. Thereafter it prescribes the manner in which the District Judge may deal with an appeal filed before him. The Section lays down that the District Judge may either dispose it of him or assign it for disposal to an Additional District Judge. It further provides that even after transferring an appeal to an Additional District Judge he can recall it from such Additional District Judge and transfer it to any other 'such' officer. Use of this word 'such' before the word 'officer' is significant. Use of this word indicates that further transfer can also be only to an Additional District Judge and to no other officer.
(3.) APART from Section 10 there is no other provision in the Buildings Act relating to transfer of appeals from the Court of District Judge to other courts and under this provision transfer is possible only to the court of Additional District Judge and to no other court. Therefore, transfer of the appeal in question to the court of Civil Judge was incompetent and without jurisdiction.;