JUDGMENT G.C. Mathur, J. - This writ petition is directed against the order of the District Judge, Mirzapur, dated January 8, 1975, dismissing the appeal of the petitioners against an order of the Prescribed Authority holding that there was a vacancy in the premises. 2. The main question which was raised by the petitioners before the Prescribed Authority as well as the District Judge was that the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, was in applicable to the premises in dispute. Their contention was that the premises were constructed in 1967 and 1972 and therefore the Act, which was applicable only to premises constructed 10 years or more before the order, was inapplicable. This contention has been replied by the District Judge. 3. The learned counsel for the petitioners has challenged the finding of the District Judge. The finding being on a jurisdictional fact can be examined in a writ petition. There can be no manner of doubt that the original accommodation has been considerably altered. The order of the District Judge does not how the nature or extent of the alterations. This much is clear that originally there was one shop and now in its place there are five shops. The petitioner has spent substantial amount of money over these constructions. There is no dispute that these constructions were made between 1967 and 1972. The District Judge has not adequately or effectively dealt with the case as set up by the parties. Though the petitioners filed four affidavits, the order of the District Judge does not even refer to two of them, namely, the affidavits of Yogendra Prasad and Ashish Kumar Das. The matter would have become clearer, if the District Judge had called for the application, made by the petitioners for making these constructions, together with the plan of the proposed constructions from the Municipal Board. The finding recorded by the District Judge is unsatisfactory and has to be set aside. 4. The writ petition is accordingly, allowed, the judgment and order of the District Judge, Mirzapur, dated November 30, 1974 are quashed. The District Judge will decide the appeal afresh, after giving the parties a fresh opportunity of being heard. The parties will hear their own costs of this writ petition.