ORDER Anjani Kumar, J.
1. Petitioner by means of this writ petition has challenged the order dated 23.3.2005, passed by the appellate authority in a pending appeal under Section 22 of U. P. Act No. 13 of 1972 whereby an application No. 33C filed by the petitioner-tenant has been rejected by the appellate authority.
2. The said application was filed by the petitioner with the prayer that because of certain observations made by the prescribed authority in the order appealed against, it is necessary and in the interest of justice that the inspection may be made. An objection has been filed by the respondent to the aforesaid application. The appellate authority has considered the application and the objection and did not find any force in the application for local inspection and therefore rejected. Learned counsel for the petitioner relied upon the provisions of Rule 27 framed under the U. P. Act No. 13 of 1972 which is reproduced below and submits that in view of the Rule 27 the appellate authority has committed an error in rejecting the application.
"27. Local inspection [Section 34 (8)].-Where the District Magistrate proposes to inspect a building for purposes of deciding any case under Section 8 or Section 9 or for purposes of ascertaining whether any facts referred to in Section 12 or Section 16 or Section 17 (2) or Section 19 or the proviso to Section 21 (5) or Section 24 (2) exist, or the prescribed authority proposes to inspect a building for purposes of deciding a case under Section 21 or Section 24 (1) or Section 27 or Section 28 or where the appellate or revising authority proposes to inspect a building for purpose of deciding any appeal, the procedure hereinafter provided in this rule shall be followed.
(2) The parties or their recognised agents shall be given at least two days' notice of the proposed inspection :
Provided that no notice shall be necessary where-
(a) in the opinion of the District Magistrate, the prescribed authority or the appellate or revising authority for reasons to be recorded, the purpose of inspection is likely to be frustrated by giving of such notice ; or
(b) the occupier of a building consents to such inspection without notice or on shorter notice.
(3) No inspection shall be carried out at any-time after sunset or before sunrise.
(4) After inspection, the District Magistrate, the prescribed authority or the appellate or revising authority, as the case may be, shall record a note on inspection in brief, and such notice shall form part of the record.
3. A reading of Rule 27 clearly demonstrates that when the authority concerned arrives at the conclusion that the inspection is necessary only then inspection can be made. In the present case, since the appellate authority has come to the conclusion that no case for inspection is made out, the Rule 27 is not applicable.
4. In this view of the matter, this argument is not tenable. This writ petition lacks merit and is accordingly dismissed.