MUHAMMAD YACOOB HUSSAIN Vs. MAHENDAR KAUR

JUDGEMENT

(1.) Whether the officers of the High Court are officers of the State Govt and consequently can claim preference in the matter of allotment of residential premises under the provisions of the Rent Control Act, 1961 and the Rules framed thereunder is the question that arises for consideration in this writ petition.

(2.) The petitioner is an official having been appointed by the Chief Justice and serving on the establishment of this Court. He made an application before the Rent Controller, Civil Area, Bangalore, for allotment of premises bearing No.25, Rathan Sing Road, Frazer Town, Bangalore. Similarly, respondent No.1 made an application for the allotment of the same premises. She is a Central Govt servant working in the P & T Department.

(3.) It is not in dispute that the Divisional Commissioner having been duly authorised by the State Govt, issued a direction in purported exercise of his power under the proviso to Sec.8 of the Karnataka Rent Control Act, 1961 (hereinafter called 'the Act'), directing the Rent Controller to allot the premises for the allotment of which the petitioner made the application, to him and that even without such direction a State Govt Officer has preferential claim in view of Rule 4 (B) of the Rules framed under the Act.