1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 2605 OF 2008 (Namdeo Tulsiram Daiwate (Dewate) vs. Narayan Dattuji Gajbhiye & Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DECEMBER 01, 2008. Heard Shri Joshi, learned counsel for the petitioner and Shri Paliwal, learned learned for the respondents. The challenge is to the order dated 29.1.2008 passed by the Additional Collector, Akola. After hearing parties and in view of the earlier order of this Court in Writ Petition No. 2389 of 1997, writ petition is taken up for final hearing. After hearing parties, it is apparent that as per directions of this Court in above Writ Petition on 21.2.2006, the petitioner was permitted to file some documents which were to be looked into by the appellate Authority in accordance with law. It appears that the present respondents also filed some documents without any proof of those documents or without any opportunity to the petitioner to counter. The same documents have been looked into by the appellate authorities. 2 Shri Paliwal, learned counsel has tried to contend that the documents are public documents. However, that does not mean that the petitioner – tenant should not be given any opportunity to meet the case being made out on the basis of contents of those documents. Shri Joshi, learned counsel has also pointed out that on the basis of those documents, permission under Section 13(3)(iv) of C.P. & Berar Letting of Houses and Rent Control Order, for securing alternate accommodation is also given to the landlords though there was no amendment and there was no prayer in writing before the Rent Controller. Shri Paliwal, learned counsel has stated that the documents justified such prayer and permission has been rightly granted by the appellate authority. In the circumstances, I find that the appellate authority has not conducted the proceedings in appeal in accordance with law. The original proceedings filed by the respondents- landlords were of 1990. In these circumstances, though the impugned order dated 29.1.2008 is quashed and set aside, the documents already on record are treated to be on record and the 3 respondents – landlords are permitted to amend their application if they so desire with liberty to the petitioner to carry out consequential amendment, if any. Thereafter, the appellate authority to permit the parties an opportunity to prove their documents and to challenge the documents. The appellate authority may for that purpose send the record back to the Rent Controller only for the purpose of recording the evidence. After receipt of such evidence from the Rent Controller, the appellate authority to hear the parties and decide the appeal as early as possible. Thereafter, the appellate authority shall decide the appeal by 30th September 2009. Writ Petition is disposed of accordingly. No order as to costs. JUDGE *GS.