Tarun Agarwala & Anil Kumar Sharma,JJ. The National Highway Authority of India acquired a portion of the house of the petitioner for the purpose of widening the road. For acquisition of a portion of the house, the petitioner was paid adequate compensation. Respondent no.7 was a sitting tenant of the petitioner, running a shop in the acquired portion of the house. As a result of demolition, a portion of the shop was demolished. 2. The petitioner moved an application before the District Magistrate seeking permission to repair the shop. The District Magistrate passed an order directing the petitioner or the sitting tenant to repair the shop and adjust the cost from the rent. The petitioner, being aggrieved by this portion of the order, has filed the present writ petition contending that the relationship of the landlord and tenant has come to an end and that no direction could be issued to the tenant to repair the shop/the house. 3. Having heard the learned counsel for the parties at some length, the Court finds that the order of District Magistrate and the Additional City Magistrate-II directing the tenant to repair the shop/the house and adjust the cost from the rent is patently without jurisdiction. The reason is not far to see. 4. Admittedly, the respondent no.7 is a tenant of the petitioner and was running a shop in a portion of the house and admittedly a part of the shop was demolished under acquisition. Any repair that is required to be done has to be done in accordance with the provisions of Section 28 of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, which provides that an application for repair has to be moved before the Prescribed Authority. The 'Prescribed Authority' has been defined under Section 3(e) of the Act, which means a Civil Judicial Officer or Judicial Magistrate authorised by the District Judge.
The 'Prescribed Authority' has been defined under Section 3(e) of the Act, which means a Civil Judicial Officer or Judicial Magistrate authorised by the District Judge. For necessary facility, the provision of Section 3(e) of the Act is extracted hereunder: 3(e) " "Prescribed Authority" means a Civil Judicial Officer or Judicial Magistrate authorised by the District Judge to exercise, perform and discharge all or any of the powers, functions and duties of the Prescribed Authority under this Act and different such officers may be so authorised in respect of different areas or cases or classes of cases and the District Judge may recall any case from any such officer and may transfer it for disposal to any other such officer." 5. From the aforesaid, it is clear that the District Magistrate or the Additional City Magistrate-II is not the Prescribed Authority, as prescribed under Section 28 of the Act, and consequently, such authority had no power to issue such direction. Consequently, for the reasons stated above the impugned order is patently erroneous and is quashed. 6. The writ petition is allowed, leaving it open to the parties to file an appropriate application before the appropriate prescribed authority. _________________