Anshuman Singh, J. - (1.) The petitioner aggrieved by an order dated 16-7-1987 passed by the District Judge, Kanpur. It appears that a case under Section 2-A(5) of U.P. Act No. XIII of 1972 was pending against the petitioner in the Court of the Additional Judge Small Causes/Prescribed Authority, Kanpur. He was authorised to Act as Prescribed Authority by the District Judge. The said case was subsequently transferred from the Court of the Additional Judge Small Causes to the Court of the District Judge, Kanpur, itself. After full arguments in the case before, the District Judge were concluded an application was filed by the petitioner that he cannot Act as a Prescribed Authority himself and a request was made to decide the said preliminary question first, The learned District Judge observed that since the arguments have already been heard and the application has been filed thereafter, he would record a finding on the preliminary point also at the time of disposal of the case. In my opinion no error or illegality has been committed by the District Judge in passing the said order. The District Judge while deciding the case finally will also record a finding whether he could Act as a Prescribed Authority under U.P. Act No. XIII of 1972. If he records a finding in the affirmative it will be open to the petitioner to challenge the said finding in further appropriate proceedings.
(2.) With the aforesaid observations the writ petition is dismissed.
(3.) Let a copy of this order be supplied to the learned Counsel for the petitioner within forty eight hours on payment of usual charges. Petition dismissed.;