SETT J. EDWARDS, JABALPUR Vs. ADDITIONAL COLLECTOR, JABALPUR

JUDGEMENT

(1.) THIS is a petition under Articles 226 and 227 of the Constitution of India by Dr. Edwards, landlord of house No. 147 in Napier Town, Jabalpur, for quashing an order of allotment of the house made under Clause 23(1) of the C.P. and Berar Letting of Houses and Rent Control Order, 1949, to the second Respondent Shri S.B. Sen, Government Advocate.

(2.) THE history of this house is somewhat long and may be stated briefly as under: On 5th September 1957 the Petitioner intimated to the Additional Collector, Jabalpur, that the house in question was vacated by the M.E.S. The Petitioner at that time did not claim to occupy the house personally and by an order dated the 14th September 1957 it was allotted to one K.C. Sharma, Stores Officer, M.E.S., Jabalpur. The Petitioner, however, represented that the house needed repairs and after consulting the Rent Controller the Additional Collector released the house for repairs ordering that the allotment stood and that it would be effective from 1st November 1957.

(3.) THE Petitioner thereupon wrote a letter to the Additional Collector saying that he had already inducted another tenant after waiting for 15 days from the date of his intimation that the house was available for occupation from the 1st November 1957. He, therefore, asked for cancellation of the order of allotment. The Additional Collector, however, rejected the request. The Petitioner thereupon filed a petition in this Court under Article 226 of the Constitution (M.P. No. 234 of 1957 decided on 28 -3 -1958). In that petition he claimed the benefit of the second sub -clause of Clause 23 of the Rent Control Order. His contention was repelled by Naik J. He thereupon filed a Letters Patent appeal (L.P.A. No. 67 of 1958 decided on 18 -7 -1958). During the pendency of the Letters Patent appeal and after the order of Naik J., the matter went before the Additional Collector, Jabalpur, and on 7th April 1958 on the refusal of Shrimati Trivedi to take the house it was allotted to Shri S.B. Sen, Government Advocate. The Petitioner represented that the allotment could not be made to Shri S.B. Sen almost on the same lines on which he had challenged the allotment order in favour of Shrimati Trivedi. His representation was, however, rejected by the Additional Collector.