GANGADHAR MADHAORAO RAUT Vs. HOUSE ALLOTMENT OFFICER

JUDGEMENT

(1.) By this writ petition under Articles 226 and 227 of the Constitution, the petitioner has challenged the order passed by the respondent No. 1, presumably under Clause 28 of the Central Provinces and Berar Letting of Houses and Rent Control Order, 1949 (hereinafter referred to as the 'Rent Control Order'), on 31-5-1978 directing the petitioner to vacate the suit house.

(2.) The facts lie in a very narrow compass. In 1972, the house in question which is House No. 180/30 in Mudholkar Peth, Amravati town, was allotted to a Government allottee V. R. Raut, who was a Government servant serving in the Revenue Department. In 1976, V. R. Raut was transferred to Chikhalda. On the transfer of V. R. Raut, by an order dated 9-6-1976 passed under Clause 24-A of the Rent Control Order, this very house was allotted to the petitioner G. M. Raut, who happens to be the real nephew of the original allottee V. R. Raut who was transferred to Chikhalda. These facts are not in dispute.

(3.) It is contended by the petitioner that on transfer of V. R. Raut to Chikhalda, his wife and mother, the latter then ailing and requiring medical treatment, continued to live in the suit house at Amravati with the nephew, the present petitioner G. M. Raut. V. R. Raut was re-transferred from Chikhalda to Amravati some time thereafter and began living in the suit house with his family and with the petitioner.