SUBASH OATTA KINI Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) This Writ Petition is directed against the order passed by the Deputy Commissioner, Uttara Kannada, Karwar, dated 5-11-1985 as well as the order of the Rent Controller dated 1-9-1983 vide Annexures B and C, respectively.

(2.) The material facts are the petitioner and Respondent-4 are members of a joint family and the house bearing No. TMC. 1634-A situated at Murlidhar Math Road, Karwar is the joint family property. On 18-7-1983 the house fell vacant and Respondent 4 intimated the vacancy to the Rent Controller, Karwar who, in turn notified the same for allotment. According to the petitioner after the demise of his father, the relationship between the petitioner, his mother and sisters with Respondent-4 became strained. The petitioner applied for allotment for self- occupation in his letter dated 25-7-1985 addressed to the Rent Controller, Karwar, vide Annexure A. However, strangely enough, Respondent-4 who is the brother of the petitioner gave his consent for allotment in favour of Respondent-3 and not in favour of the petitioner. The Rent Controller, did not issue any notice to the petitioner before passing an order of allotment in favour of Respondent-3 and the petitioner was not heard. The order of the Rent Controller is at Annexure-B.

(3.) An appeal was preferred by the petitioner against the impugned order before the Deputy Commissioner, Karwar, who dismissed the appeal and confirmed the impugned order by his own order under Annexure C,