K BALAKRISHNA Vs. SPECIAL DEPUTY COMMISSOINER BANGALORE

JUDGEMENT

(1.) Residential premises bearing No.14/1 situate at Nehrunagar, Bangalore City belonging to the 4th respondent became vacant and the intimation of vacancy was given by the landlord to the Controller on the 15th of November, 1972. The petitioner, respondent Nos.3 and 7 others made applications for allotment of the premises. On the 24th of November, 1972, the Controller made an order provisionally allotting the premises to the petitioner. On the same day, the Controller issued a notice to the landlord requiring her to show cause as to why the premises should not be leased to the petitioner. The case was posted for hearing the objections, if any, on the 1st of December, 1972. In response to the said notice, the landlord filed a statement agreeing to the provisional allotment made in favour of the petitioner. The third respondent and some other applicants filed their objections against the provisional allotment and reiterated their respective claims for allotment in their favour. The Controller, thereafter, made an order on the 4th of December, 1972, finally allotting the premises to respondent 3, after cancelling the provisional allotment made in favour of the petitioner.

(2.) The petitioner challenged the order of the Controller in appeal before the special Deputy Commissioner, Bangalore District, who, by his order dt.1st of March, 1973, dismissed the appeal and confirmed the allotment made in favour of the third respondent.

(3.) The petitioner, in this writ petition, has prayed for the quashing of the order of final allotment made by the Controller dt.4th December, 1972, as well as the appellate order dt.1st March, 1973 made by 'the Spl. Deputy Commissioner, Banglore District and has also prayed that the provisional allotment made by the Controller in favour of the petitioner be confirmed.