High Court of Judicature at Allahabad
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Dinesh Chandra v. Kisan Chandra - WRIT - A No. 2580 of 2006  RD-AH 979 (16 January 2006)
Hon'ble Anjani Kumar, J.
Heard learned counsel for the parties.
The petitioner has approached this Court by means of this writ petition being aggrieved by an order dated 9th December 2005 passed by the prescribed authority under the provision of U.P. Act No.13 of 1972 (hereinafter referred to as the Act) during the pendency of an application under Section 21 of the Act whereby a application filed by the petitioner-tenant for spot inspection has been rejected on the ground that there is no legal or otherwise any justification for issuing commission for spot inspection, particularly when the case is fixed for hearing on 29th October 2005 and the application is filed for delaying disposal of the case.
Learned counsel for the petitioner has raised arguments justifying moving of the application. At this stage I am not entering into this question because firstly the order impugned is an interlocutory order which can be challenged by the petitioner in case the authority ultimately decides against him in view of law laid down by this Court and secondly all the materials which have been filed in support of spot inspection are already on the record. It is for the authority to consider all the evidence on the record while disposing of the application under Section 21 of the Act.
In view of what has been stated above the writ petition is dismissed.
mhu - 2580/06
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