D L RAMESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is one of the many cases we have had in this Court depicting the manner in which the Special Deputy Commissioner who is the appellate authority under the Karnataka Rent Control Act disposes of a stay petition in appeals relating to allotment of houses. To some, this case may appear to be a small matter but having regard to our legal system which must, of necessity, conform to the rule of law, the case has greater importance.

(2.) The facts are these : The premises bearing No.119, Bull Temple Road, Bangalore City, was jointly purchased by the petitioner, his father and brothers under a registered sale deed dated February 18, 1977, for rupees one lakh. It consists of a big site with two outhouses widely separated from each other. One outhouse is already under the occupation of the brother of the petitioner. When the other out-house became vacant, the petitioner intimated the vacancy to the Controller, and also sought permission for self-occupation. The Controller rejected his request and allotted the house to respondent-4 as per the direction of the State Government. Against the allotment order, the petitioner has preferred an appeal to the Special Deputy Commissioner, Bangalore District and asked for an interim stay of the allotment. The Special Deputy Commissioner has declined to stay the said allotment.

(3.) What happened before the Special Deputy Commissioner is not quite clear from the records. There are two divergent versions, one by the petitioner and another by the Special Deputy Commissioner. The petitioner has stated thus :