MOHD MAQBOOL (MASTER) Vs. STATE OF J&K

JUDGEMENT

(1.) THE petition dated 17th of August 1968, for a writ of Mandamus, was initially filed, challenging the vires of "The Jammu and Kashmir Houses and Shops Rent Control Ordinance 1966", but after the Ordinance was repealed by "The Jammu and Kashmir Houses and Shops Rent Control Act 1966 , being Act No. XXXIV of 1966, referred to hereafter as Ëœthe Actâ„¢, a supplementary writ petition was filed on 21 -10 -1969, challenging the validity of the Act as well, on the same grounds as in the original petition. The provisions of the Act are practically the same as the Ordinance with some minor additions and alterations, which are not relevant for the decision of this case. Now, therefore, the validity of the Act alone has to be considered in this writ petition.

(2.) THE petitioner owns house and shops in Srinagar town, having been let out on rent "since long" though, the period when they were constructed is not mentioned.

(3.) IN the petition, the vires of the Act has been challenged as a whole, but at the hearing, the provisions regarding the fixation of the fair rent as provided in Section 8 read with Schedule A of the Act, and the provisions as contained in Section I clause 3 sub -clauses (i) and (ii) alone were challenged on various grounds of differentiation and unreasonableness, violative of Articles 14 and 19 of the Constitution of India, as I shall point out hereafter, while dealing with them. The validity of no other provision of the Act was challenged at the hearing.