Mohd. Tanveer vs Special/Additional District Judge and Another

M.P. Singh, J.—This writ petition has been filed by a prospective allottee of the shop No. 13/1409 situated in Bazar Nakhasa, Saharanpur City.

The facts of the case in detail are not required.

By means of a composite order dated 16-4-1987 the Prescribed Authority dismissed the release application u/s 16(1)(b) of the U.P. Act XIII of 1972 filed by the landlord and passed an allotment order in favour of the Petitioner.

Against this order the landlord filed a revision. The revisional Court set aside the order of the Prescribed Authority to consider the release application on merits without permitting the prospective allottee to participate in the same.

In the case Talib Hasan v. I Addl. District Judge, Nainital 1986 (1) ARC 1it has been held that in proceedings of release if the prospective allottee is permitted to participate, the whole proceedings becomes vitiated.

In view of this decision the order of the Prescribed Authority dated 16-4-1987 became illegal as held by the revisional court.

I am of the view that the order of the learned District Judge setting aside the order of the Prescribed Authority and remanding the case for fresh decision is within scope of statutory provision. The Prescribed Authority will decide according to the observations made in the impugned order.

I find no error or illegality in the impugned order.

The writ petition is dismissed without any order as to costs.