Court No. - 37
Case :- MATTERS UNDER ARTICLE 227 No. - 8108 of 2018 Petitioner :- Suresh Chandra Gupta Respondent :- Smt. Manju Devi And 3 Others Counsel for Petitioner :- Nawal Kishor Mishra Counsel for Respondent :- Sanaullah
Hon'ble Siddhartha Varma,J.
The instant writ petition has been filed against the order dated 26.9.2018 of the Appellate Court by which the application 47- Ga filed by the petitioner for issuing a Commission has been rejected.
The landlords-respondents had moved an application for releasing a certain shop which was allowed on 12.5.2015. Thereafter at the appellate stage the petitioner-tenant moved an application on 15.2.2018 for a Commission to be issued. By the application, the tenant had prayed that the Commission may be directed to inspect the premises and give its report with regard to accommodation, size etc.
The Appellate Court after looking into each and every prayer of the petitioner which had been made by him, found that the application for Commission was not required. It also gave a finding that the application was moved for lingering the appeal and for delaying the decision of the appeal.
I have also gone through the application and find that there is nothing in the application which was in fact required to be looked into by the Advocate Commissioner at the Appellate stage.
However, if at the time of hearing the appeal the Appellate Court finds that an inspection by the Advocate Commissioner is actually required, then it may, suo-motu, direct for the Commission to go on the spot and give its report. Commissions are not there for collecting evidence. In the instant case the evidence as was required to be produced by the landlords and the tenant had already been brought on record.
The writ petition is, accordingly, dismissed.
Order Date :- 30.10.2018 GS (Siddhartha Varma, J.)