( 1 ) BY means of present writ petition under Article 226 of the Constitution of India, the petitioner-tenant challenges the Order passed by the prescribed authority/viiith A. C. M. M. , kanpur Nagar in Misc. Rent Case No. 16/74 of 2001, whereby the application filed by the petitioner under Rule 32 and Section 34 of the U. P. Act No. XIII of 1972, here-in-after referred to as the Act and also for Issue a writ, Order or direction in the nature of mandamus to the prescribed authority to allow the application filed by the petitioner-tenant, referred to above and set aside the Order dated 4th October, 2001 passed In Rent Case No. 92 of 1997.

( 2 ) BEFORE coming to the facts of the filing of the present writ petition, It is necessary to state that when the matter was heard Sri Manish Kumar Nigam, who has put in appearance on behalf of the respondent, prays that the case may be taken up on Tuesday next i. e. 30th November, 2004. On 6th December, 2004, when the matter was taken up Sri Nigam made a statement that he does not want to file a counter-affidavit and the writ petition itself be finally disposed of at this stage, as the questions involved in the writ petition are