The petitioner filed an application for issuance of an Advocate Commissioner to inspect the building, but which came to be rejected by the Prescribed Authority. Aggrieved thereby, he filed Writ A No. 20437 of 2016 before this Court, which was dismissed by order dated 6.5.2016 with the observation that after evidence is complete, it shall be open to the Court below to call for a report to ascertain the correct position of the accommodation in possession of the landlords. It seems that the order of the High Court was not filed by the tenant before the Prescribed Authority, but ultimately the Prescribed Authority rejected the release application after accepting the version of the petitioner that a fourth shop was newly constructed by the respondents. It accordingly did not find the need of the respondents to be bonafide. Aggrieved by the said order, an appeal was filed and in appeal again, the petitioner filed an application for issuance of a Commission along with which order of this Court passed in Writ A No. 20437 of 2016 was filed. However, the Court below rejected the said application inter alia on the ground that the order of this Court dated 6.5.2016 was not brought on record before the Prescribed Authority. Ultimately, the appeal was allowed. Aggrieved thereby, the instant writ petition has been filed.
