R.H. Zaidi, J. - (1.) HEARD the learned Counsel for the petitioner and perused the record. By means of this petition, the petitioner prays for a writ, order or direction in the nature of certiorari quashing the Order dated 5.8.1997, whereby the Prescribed Authority permitted the contesting respondents to file affidavit in support of their case Learned Counsel appearing for the petitioner vehemently urged that the Prescribed Authority had no jurisdiction to permit the contesting respondents to produce the evidence by means of affidavits. He submitted that in case the affidavits are permitted to be filed, it will not be possible for the petitioner to cross -examine the witnesses and to test the veracity of their statements. Therefore, the impugned order was liable to be quashed.
(2.) I have considered the submissions made by the learned Counsel for the petitioner Section 34(1)(b)(6) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (for short the Act) provides as under (only relevant quote) - - 34. (1) The District Magistrate, the Prescribed Authority or any Appellate Authority shall for the purposes of holding any inquiry or hearing and appeal under this Act have the same powers as are vested in the Civil Court under the Code of Civil Procedure, 1908, when trying a suit, in respect of the following matters, namely: - - (b) receiving evidence on affidavits; (6) Affidavits to be filed in any proceeding under this Act shall be made in the same manner and conform to the same requirements as affidavits filed under the Code of Civil Procedure, 1908, and may be verified by any officer or other person appointed by any other Court under clause (c) of Section 139 of the said Code. 4. Rule 1 of Order XIX C.P.C. is also relevant, which reads as under: - - Any Court may at any time for sufficient reason, order any particular fact or facts may be proved by affidavit, or that the affidavit of any witness may be read at the hearing, on such condition as the Court thinks reasonable: Provided that where it appears to the Court that either party bona fide desires the production of a witness for cross -examination, and that such witness can be produced, an Order shall not be made authorising the evidence of such witness to be given by affidavit. A joint reading of the aforesaid provisions reveal that in the proceedings under the Act, the affidavits can be produced by the parties with the permission of the Prescribed Authority. In case the affidavits are permitted to be filed the parties are at liberty for making an application to cross -examine the deponents of affidavits.
(3.) IN the present case the contesting respondents have been permitted to file affidavits in support of their case. In case the petitioner feels that cross -examination of the persons who file affidavits is necessary, he is at liberty to make an application before the Prescribed Authority for permission to cross -examine the said witnesses. In case any application as stated above is filed by the petitioner, the Prescribed Authority shall decide the said application expeditiously. With the above observations and directions this petition is finally disposed of.;