VINOD HERUR Vs. DEPUTY COMMISSIONER BANGALORE

JUDGEMENT

(1.) In this petition under Arts. 226 and 227 of the Constitution, the petitioner has challenged the validity of the order dated 2-5-1981 passed by the Rent and Accommodation Controller, Civil Area, Bangalore (respondent No.2) in Case No.HRC.266/ACC/81 (Annexure-B) and also the order dated 28th May 1981 passed by the Deputy Commissioner, Bangalore (respondent No.1) in Case No.H.R.C. Civil Appeal No.13/81-82 and 20/81-82 (Annexure-D). By the aforesaid order, the 2nd respondent has allotted the residential premises in question bearing No.298/A, I Main Road. 8th Block, Jayanagara, Bangalore, to the 3rd respondent. In the appeal, the order of allotment is confirmed by the first respondent. The petitioner is the owner of the premises in question.

(2.) The contention of the petitioner has been that the 3rd respondent owns a residential building built on Site No.137, 6th 'A' Cross, Rajamahal Vilas Extension; therefore, he is not eligible for the allotment of the premises in question having regard to the proviso to S.5(1) of the Karnataka Rent Control Act, 1961 (hereinafter referred to as 'the Act').

(3.) The 2nd respondent has inspected the construction of the 3rd respondent on 1-5-1981 and has prepared the inspection notes. Thereafter, on 2-5-1981, he has passed the order allotting the premises in question to the 3rd respondent. According to the inspection notes of the 2nd respondent, certain things are still required to be done, which are as follows :