S. D. Agarwaia, J. - (1.) THIS is a petition under Article 226 of the Constitution of India.
(2.) BEFORE admission, counter and rejoinder affidavits have been filed. I have heard Sri Murlidhar, learned counsel for the petitioners and Sri S. N. Verma, Senior Advocate on behalf of respondent Export Promotion Council. The only submission raised by Sri Murlidhar is that all the material on record was available for the purpose of deciding the appeal on merits. The Appellate Authority has acted illegally and with material irregularity in exercise of its jurisdiction in remanding the case for decision afresh to the Prescribed Authority.
(3.) SECTION 22 of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the Act) provides that any person aggrieved by an order under section 21 of the Act may prefer an appeal to the District Judge, and in other respects, the provisions of section 10 shall mutatis mutandis apply in relation to such appeal. Section 10 sub-clause (2) of the Act which is material for the purpose of the present case is as follows : " Section 10 (2)-The Appellate Authority may confirm, vary or rescind the order, or remand the case to the District Magistrate for rehearing, and may also take additional evidence, and pending its decision, stay the operation of the order under appeal on such terms, if any, as it thinks fit. " ;