BRIJMOHAN Vs. STATE OF M P

JUDGEMENT

(1.) By this petition u/A.226 of the Constitution, the petitioner has sought the quashing of the Order dated 31-5-83 (Annexure 'D' to the petition) whereby the Collector, Indore, who is the Requisioning Authority under the M. P. Accommodation (Requisition) Act, 1948 (hereinafter referred to as 'the Act'), has requisitioned the Accommodation owned by the petitioner.

(2.) The petitioner owns the house consisting of six rooms on the ground floor and six rooms on the first floor. It is the case of the petitioner that one Shri Katariya was occupying the ground floor of the house as a tenant of the petitioner and that the petitioner was occupying the first floor of the house. As the portion occupied by the petitioner and his family was insufficient for their residential need, the petitioner persuaded the tenant to vacate the accommodation occupied by him on the ground floor and the tenant vacated the said accommodation on 1-12-1982 and the same was occupied by the petitioner.

(3.) The respondent No. 2 Collector (Requisitioning Authority), Indore purporting to act under S.3 of the Act, as amended by the amendment Act No. 25 of 1975, sent a notice dated 12-12-1982 to the petitioner calling upon him to appear and show cause as to why the six rooms on the ground floor of his house should not be requisitioned for allotment to Government Servants under S.39(2) of the M. P. Accommodation Control Act, 1961. The powers conferred upon the State Government under Ss.3, 6 and 7 of the Act are exercisable by the Collectors within their respective jurisdictions as per notification dated 3rd July, 1959 (Annexure R3), delegating powers under S.14 of the Act.