Y.R. Meena, ACJ.-The petitioner-respondent is an ex-armyman. He filed an application under Section 16 of the Rajasthan Premises (Control of Rent & Eviction) Act, 1950 (hereinafter to be referred as the Act, 1950) before the District Magistrate, Alwar for eviction of respondent No. 2 - appellant, from his house. After notice respondent No. 2 appellant filed an application under Sub-section (6) of Section 16, seeking leave to defend.

2. The District Magistrate, for the purpose of ascertaining the legal value ordered that let UIT and Nagar Parishad be a party-respondent. That order was passed on 17.07.2004. That order has been challenged by petitioner-respondent on the ground that Collector was not justified in making the UIT and Nagar Parishad as party-respondents and it is further prayed that application filed by respondent-appellant Mahendra Shastri under Section 16(6) be decided within statutory period of two months.

3. Learned Single Judge in the impugned order has directed to dispose of the application filed under Section 16(6), seeking leave to defend, within 30 days from the date of receipt of certified copy of the order.

4. In appeal before us, the appellant has pray