LAWS(MPH)-1978-12-3

BASANT KUMAR NAHAR Vs. RENT CONTROLLING AUTHORITY

Decided On December 07, 1978
BASANT KUMAR NAHAR Appellant
V/S
RENT CONTROLLING AUTHORITY Respondents

JUDGEMENT

(1.) The petitioner Basant Kumar Nahar by this petition under Article 226 of the Constitution of India, seeks to quash the order dated 3-12-77 (Annexure D), passed by respondent No. 1, Authorised Officer under the M. P. Accommodation Control Act, 1961 (hereinafter referred to as the Act) in exercise of the powers under Section 39 (4) of the Act.

(2.) The petitioner is a Division Development Officer, M. P. Khadi and Village Industries Board and was posted in that capacity at Indore. On 8-5-75 the respondent No. 1 under Section 39 (2) of the Act allotted residential accommodation consisting of six rooms on the ground floor of house No. 16, Race Course Road Indore, belonging to Firm Sobharam Gambhirmal. The petitioner occupied the said premises on 10-5-75. In the month of June, 1976 the petitioner was transferred to Bilaspur and from there he was transferred to Bhopal in June, 1977. The respondent No. 1 issued the impugned order and got its copy pasted at the premises which was allotted to the petitioner, in which he was directed to vacate the premises by 19th Dec., 1977 otherwise he shall be forcibly ejected. These facts are not disputed.

(3.) The petitioner has challenged the impugned order inter alia on the grounds that the petitioner was neither served with any notice nor he was given an opportunity of being heard before passing the impugned order, that after the allotment of the premises in question the petitioner became the tenant of the landlord; that the petitioner's family resides in the said accommodation and the petitioner also occasionally comes from Bhopal and lives with his family; that the respondent No. 1 had no legal sanction to evict the petitioner by the use of force and that the consequential order dated 27-12-77 calling upon the Police to evict the petitioner was contrary to law.