1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR Writ Petition No. 3324/2010 Shriram Budhaji Thakre Vs. Additional Collector, Nagpur and others. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. Neeraj R. Patil, Adv. for the petitioner. Mr. Fulzele, AGP for respondents 1 and 2. Mr. S. V.Purohit, Advocate for respondents 3 to 6. CORAM : B.P. DHARMADHIKARI, J. NOVEMBER 15, 2010. Heard finally by consent. The petitioner-tenant has pointed out that the Appellate Authority has refused to exercise jurisdiction available to it in the matter as all relevant contentions have not been looked into. He points out that dispute about year of construction or then about absence of facilities or about the area of tenanted premises has not been resolved by Appellate Authority independently. Reliance is being placed upon judgment of Hon'ble Apex Court in case of Santosh Hazari vs. Purshottam Tiwari deceased by LRs. (2001 (2) Mh. L.J. 786) and 2 Janba Daulatrao Borkar Vs. Rajeshkumar Ramjiwan Agrawal (1975 Mh. L.J. 436). Advocate Purohit has urged that as a concurrent judgment has been delivered by Appellate Authority it was not necessary to go into details and the impugned judgment is in accordance with law. The judgment delivered by Rent Controller determining fair rent and accepting the report of Architecture was assailed in appeal on various grounds. The Appellate Authority is therefore expected to apply its mind to those grounds in the light of judgment of Hon'ble Apex Court and this Court (supra). It is apparent that said approach and application of mind is lacking. Hence, without going into more details, I find that interest of justice can be met with by quashing and set aside the appellate order. Accordingly, order dated 18/11/2009 in Rent Control Appeal No. 10/A-71(1)/2007-08 is 3 hereby quashed and set aside. Proceedings in the said appeal are restored back to the Additional Collector, Nagpur for fresh decision after hearing parties in accordance with law. The parties are directed to appear before the said Authority on 10 th December, 2010. The Appellate Authority shall attempt to decide the appeal as early as possible and in any case by 28 th February 2011. Rule is made absolute in the aforesaid terms. No costs. JUDGE Ambulkar.