G D KHANNA AND SONS Vs. STATE

JUDGEMENT

(1.) ORDER

(2.) THE case of the petitioners is that they are in occupation of the different portions of the building known as Commercial Building Nos. 1 to 6 THE Mall Shimla, in the capacity as tenants. THE Kailash District Co-operative Marketing and Supply Federation Ltd. (hereinafter referred to as 'the Society') is the owner of this building. THE Society is registered under the Himachal Pradesh Co-operative Societies Act, 1956 and deals in the business of grains, potatoes etc. THE State Government issued a notification on 15/07/1978, in exercise of the powers conferred by S.3 of the Himachal Pradesh Urban Rent Control Act, 1971 (hereinafter referred to as 'the Act') exempting the building known as Commercial Building Nos. 1 to 6 situated on the Mall Shimla, from the operation of the provisions of the said Act. THE above notification has been annexed with the writ petition as Annexure P-I. According to the petitioners the above notification has been issued malafidely and in the colourable exercise of powers by the State Government in order to give undue favour to the Society. THE case of the petitioners further is that there was no intelligible differentia nor any nexus with the object sought to be achieved for issuing such notification and granting exemption in favour of the respondent Society alone. THE case of the petitioners further is that the main object of the Act was to check rack-renting and unreasonable eviction and the State by issuing the impugned notification has defeated the main object of the Act.

(3.) A rejoinder to the reply was submitted on behalf of the petitioners and the same was allowed to be taken on record by an order of this Court passed yesterday.