MAHENDRAKUMAR RANCHHODDAS GOHEL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THESE petitions have been filed under Article 226 of the Constitution of India by the tenants of two houses; one called Shri Satsang Bhavan and the other Ramanand Ramprasad Bhartiya Dharmashala. The house shri Satsang Bhavan is owned by the Public Trust viz. Shri satsang Bhavan. The other house viz. Ramanand Ramprasad bhartiya Dharmashala is owned by the Public Trust viz. Ramanand Ramprasad Bhartiya Dharmashala. Admitted position is that the petitioners in these petitions are the tenants of these two public trusts. Further admitted position is that the State Government has, in exercise of it s power under clause 30 of C. P. and Berar Letting of Premises and the rent Control Order, 1949 exempted above named two houses from the provisions of the Rent Control Order. The question that arises for our consideration in these petitions are identical and, therefore, all these petitions can be conveniently disposed of by common order.

(2.) ACCORDING to the petitioners, the orders were issued by the State under Clause 30 of the Rent Control Order exempting two houses referred to above from the provisions of the Rent Control Order at the instance of the landlords and without following the principles of natural justice. According to the petitioners, while exercising the power under clause 30, it is necessary for the State Government to observe the principles of natural justice. We have heard the learned counsel appearing for the respondents. There is no dispute that the Notifications which are impugned in these petitions were issued at the instance of the landlords and that in issuing the notifications, the principles of natural justice were not observed.

(3.) THUS, the only question that is to be considered in the present petitions is whether while exercising power under clause 30, exempting certain houses from the provisions of the Rent Control Order, it is necessary for the State Government to comply with the principles of natural justice. Clause 30 of the Rent Control Order reads as under :