SEWARAM Vs. GOVERNMENT OF RAJASTHAN

JUDGEMENT

(1.) This is an application for a writ of certiorari or mandamus under Article 226 of the Constitution of India.

(2.) Madanlal applied to the Rent Controller, Jaipur for grant of a certificate for ejectment in respect of a house against Sewaram who was his tenant, and was in occupation of the premises. The Rent Controller granted a certificate but on appeal the Collector, on the 19th of March, 1951, cancelled the certificate. A revision application was filed by Madanlal in accordance with the provisions of Section 22(4) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 and the Government set aside the order of the Collector and restored the order of the Rent Controller on the 22nd of August, 1951, and further directed that the landlord be put into possession of the premises which were in the occupation of the tenant. Subsequently the Government amended its order and deleted that portion of it which related to the placing of the landlord into possession of the premises. It is urged on behalf of the petitioner that the Government had no jurisdiction to hear a revision application against an order of the appellate authority deciding an appeal in a case filed under the provisions of the Jaipur Rent Control Order, 1947. It is further contended that Mr. Bhajan Lal Chaturvedi, Home Secretary to the Government, who heard and decided the revision application of Madanlal was not authorised by the Government to hear such revision applications under the rules made under the Rajasthan Premises (Control of Rent and Eviction) Act of 1950.

(3.) In reply it was stated on behalf of Madanlal that the Government of Rajasthan acted within the scope of its jurisdiction in deciding the revision application under the provisions of the Rajasthan Premises (Control of Rent and Eviction) Act of 1950. The Government Advocate stated at the time of the hearing of the case that Mr. Bhajanlal Chaturvedi, Home Secretary was duly appointed by the Government under the provisions of the rules made under the Rajasthan Premises (Control of Rent and Eviction) Act of 1950 to hear revision applications which were presented to the Government under Section 22 (4) of the said Act.