BHANJI TEJABHAI, RAIPUR Vs. RENT CONTROLLING AUTHORITY, RAIPUR

JUDGEMENT

(1.) THIS is an application under Articles 226 and 227 of the Constitution of India for quashing three orders of the Rent Controlling Authority, Raipur, passed for the allotment of a house belonging to the applicant to the opponent Dwivedi.

(2.) ONE Shri Mishra was in occupation till 31st August 1959 as a tenant of a portion of a building belonging to the Petitioner. When he was about to vacate, the Rent Controlling Authority passed an order on 31st August 1959 allotting the portion to Shri Rangnekar, Deputy Collector, Raipur On 4th September 1959, the Petitioner informed the Rent Controlling Authority that Shri Rangnekar did not intend to occupy the house and that he did not wish to let out the accommodation to any one as he needed it for himself. Thereafter by a letter dated the 9th September 1959, the Rent Controlling Authority informed the Petitioner that it was proposed to allot the accommodation to the opponent Dwivedi, a student of Mining College, Raipur, and invited him to file his objections to the proposed allotment. In reply, the Petitioner repeated that he had no desire to let out the house as he wanted it for his home requirements. On 10th September 1959 the Rent Controlling Authority made an order allotting the portion of the house to Dwivedi. The Petitioner again unsuccessfully represented to the Rent Controlling Authority against the allotment. The representation was rejected on 19th September 1959 by the Rent Controlling Authority on the ground that the Petitioner's request could not be entertained.

(3.) THE Rent Controlling Authority may, on his motion or on the application of any person, by general or special order, require a landlord to give information in writing of any accommodation falling vacant, of which he is the landlord and also require him to let or not to let such accommodation to a certain person: Provided that the Rent Controlling Authority shall, before deciding that the accommodation be let to a certain person, provide reasonable opportunity to the landlord for submitting and proving his objections, if any, regarding the person proposed.