D K NABHIRAJIAH Vs. STATE OF MYSORE

JUDGEMENT

(1.) This is an application under Art. 32 of the Constitution for quashing the orders of the Deputy Commissioner and House Rent Controller, Bangalore, (respondent 2) allotting house No. 291, Fifth Main Road, Gandhi Nagar, Bangalore City, for the use of Sri Aswathanarayana Rao (respondent 3) and taking forcible possession of the same. The State of Mysore has been impleaded as respondent 1.

(2.) The facts are these. The petitioner D. K. Nabhirajiah is a merchant and is the owner of the premises aforesaid. After lengthy litigation, the previous tenant of the premises vacated it on 1-9-1949. On 2-9-1949, the petitioner notified the vacancy to respondent 2 as required by law but added that he wanted the premises for his own use to set up one of his grown-up sons in a business in electrical goods. Respondent 3 Aswathanarayana Rao however wanted the house for a children's school which he was running under the name of Bala Mandir and so he not only applied to the Rent Controller for allotting to him that house but also moved the Minister for Law and Labour for the same purpose.

(3.) Respondent 2 made an order on 13-9-1949 in the following terms: