Anil Kumar Singh vs Anand Singh And Another
2022 Latest Caselaw 1942 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 6
 

 
Case :- WRIT - A No. - 6582 of 2022
 

 
Petitioner :- Anil Kumar Singh
 
Respondent :- Anand Singh And Another
 
Counsel for Petitioner :- Chandra Bhan Gupta
 

 
Hon'ble J.J. Munir,J.

Heard Mr. Chandra Bhan Gupta, learned counsel for the petitioner at length.

This is a tenant's writ petition challenging an order dated 04.04.2022 passed in Rent Case No. 04 of 2019.

The case arises out of an application for release under Section 21(1)(a) of U.P. Act No. 13 of 1972. Pending the application for release, the tenant has moved an application for issue of a Commission for local inspection of the shop. The said application has been rejected by the order impugned. The Prescribed Authority has opined that the purpose for which the Commission for local inspection has been requested, can well be proved by other evidence.

Without going further into the matter, this Court is of opinion that the order impugned which is a purely interlocutory order about the issue of a Commission that the Authority of first instance has declined, is not one that ought to be interfered with in the exercise of our jurisdiction under Article 227 of the Constitution. However, in case the event in the proceedings goes against the petitioner, it will be open to him to question the order while laying challenge to the final orders/judgment.

Subject to the above liberty and clarification, this petition is dismissed. No costs.

Order Date :- 4.5.2022

Brijesh Maurya