S.D.Agarwala - (1.) THIS is a petition tiled under Article 226 of the Constitution of India arising out of proceedings under section 21 of U P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, U. P. Act XIII of 1972, hereinafter referred to as the Act. The respondent no. 1, Durgesh Kumar Srivastava filed an application under section 21 of the Act on the ground that the building was required by him for his personal use. The application under section 21 of the Act was contested by the petitioner. THIS case was initially pending in the court of Sri Amar Singh, Judicial Magistrate Allahabad, who was exercising the powers of the prescribed authority under the Act. Subsequently the case was transferred to the III Additional Civil Judge, Allahabad. The petitioner challenged the jurisdiction of the III Additional Civil Judge to decide the application under section 21 of the Act on the ground that the order passed by the District Judge, Allahabad transferring the case to the III Additional Civil Judge, Allahabad was not a valid authorisation and as such the III Additional Civil Judge had no jurisdiction to try the case. These objections were decided by the III Additional Civil Judge by his order dated 23rd August, 1986 holding that the authorisation made by the District Judge in his favour was a legal and valid authorisation and as such he has jurisdiction to proceed with the case. The petitioner has now challenged this order by means of the present petition.
(2.) THE only question to be considered in this petition is as to whether the order passed by the District Judge, Allahabad on 12 December, 1985 authorising the lII Additional Civil Judge, Allahabad to act as the prescribed authority under the Act is a valid order or not. In order to consider this question, it is necessary to quote the various orders passed by the District Judge, Allahabad in this connection. On 8th August, 1983, the District Judge, Allahabad in exercise of the power conferred upon him under clause (e) of Section 3 of the Act authorised Shri Amar Singh, Judicial Magistrate IV, Allahabad to perform and discharge all the powers and functions of the prescribed authority under the Act in the cases of police circles Kotwali and Colonelganj. Thereafter, on 12th June, 1984 another order was passed by the District Judge, Allahabad authorising the petitioner Shri Ajai Verma, Judicial Magistrate III to perform and discharge all the powers and functions of the prescribed authority under the Act in respect of the police circles other than Kotwali and Colonelganj. The effect of these orders was that Shri Amar Singh was to perform the functions of the prescribed authority under the areas of Kotwali and Colonelganj and Shri Ajai Verma was to act as the prescribed authority for police circles other than Kotwali and Colonelganj. The powers of the prescribed authority were consequently divided between two officers, namely, Judicial Magistrate III and Judicial Magistrate IV, Allahabad. The orders dated 8th August, 1983 and June 12, 1984 are quoted below :- " In exercise of the powers conferred by clause (a) of Section 3 of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (Act No. 13 of 1972) as amended by Act No. 23 of 1976, and in modification of my order dated 8-11-1982 in this regard, I P. N. Roy, District Judge, Allahabad authorise Sri Amar Singh, J. M. IV Allahabad to perform and discharge all the powers and functions of the Prescribed Authority under the aforesaid Act for the cases of Police Circles Kotwali and Colonelganj, Allahabad. This order shall come in force with immediate effect Sd/-P. N. Roy District Judge, Dated 8-8-1983. Allahabad. " In exercise of the powers conferred by clause (e) of Section 3 of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (Act No. 13 of 1972) as amended by Act No. 28 of 1976, and in modification of the order of the District Judge dated 30-6-83 in this regard, I, D. N. Shukla, District Judge, Allahabad authorise Sri Ajai Verma, Judicial Magistrate III, Allahabad to perform and discharge all the powers and functions of the prescribed authority under the aforesaid Act for all the Police Circles except that of Kotwali and Colonelganj. This order shall come in force with effect from 12-6-84. Sd/- District Judge, June 12, 1984. Allahabad."
(3.) ON December 12, 1985 the District Judge, Allahabad withdrew the cases from the Judicial Magistrate III and Judicial Magistrate IV and transferred them to the II Additional Civil Judge and III Additional Civil Judge, Allahabad respectively and appointed the II and III Additional Civil Judges as prescribed authorities for the respective areas. The order dated December 12, 1985 is quoted below :- " The Ilnd and IIIrd Additional Civil Judges, Allahabad are hereby appointed as Prescribed Authorities. Prescribed Authorities cases withdrawn from J. M. Ill and J. M. IV be respectively transferred to Additional Civil Judge II and Addl. Civil Judge III, Allahabad. Sd/-R. C. Awasthy District Judge, Allahabad 12-12-85." The petitioner has now challenged this order dated 12-12-1985 on three grounds. The submission is that the order is invalid firstly because the area over which the prescribed authority will function has not been stated in the order. The second is that by order in question Ilnd and lllrd Additional Civil Judges, Allahabad have been appointed and not authorised and as such it is against the provisions of Section 3 (e) of the Act The third ground is that the authorisation should have been by name and not by office and as such the order in question is invalid.;