ARUN Vs. ANANT

JUDGEMENT

(1.) IS Clause 14-A of the C.P. and Berar letting of Houses and Rent Control Order, 1949 (The HRC Order) containing power in the Rent Controller to permit the landlord to disconnect the electric and water supply to the premises in occupation of a tenant violative of Article 14 of the Constitution ? (ii) Can the said permission be granted because the tenant is in arrears of rent which includes the charges for the electric and water supply ? (iii) Is power rightly exercised in the instant case ?

(2.) NOTICE before admission was issued. The other side has appeared. With the assistance of the learned counsel for both the parties we have gone through the record.

(3.) THE tenant failed to comply with the notice and hence, application under Section 14-A of the HRC Order was filed seeking permission to disconnect the two services. The tenant sought adjournments several times to file the reply. It was last granted subject to payment of costs of Rs. 25/-. The tenant sought review of the order of costs three times, refused to pay costs and did not file the reply. Ultimately, acting on the affidavit of the landlord, the permission sought for was granted (Revenue Case No. 2/A-71 (6-A)/87-88 decided on 4th February, 1988). The Collector dismissed the Appeal No. 160/A-71(2)87-88, on 18th February, 1988. The tenant challenged these orders by filing a Writ Petition No. 370 of 1988 which was not entertained, vide order dated 24th February, 1988. Aggrieved thereby, the present Letters Patent Appeal is filed.