NATHULAL Vs. COLLECTOR SAWAI JAIPUR

JUDGEMENT

(1.) This is a miscellaneous application filed by one Nathulal against an order of the Collector, Sawai Jaipur, Shri Sanwaldan Ujjwal, dated 37-2-1950. It was presented under Section 45, Specific Relief Act, and Section 28, Rajasthan High Court Ordinance of 1949, but what the petitioner really seeka is a writ of prohibition against the said Collector.

(2.) The facts giving rise to this petition are that the applicant leased out his building situated outside Sanganer Gate in the city of Jaipur to one Gurudutt Singh partly in 1947 and partly in 1948 on a total rent of Rs. 250 per month. On 19-5-1948 the tenant Gurudutt Ringh filed a petition before the Kent Controller, Jaipur, for determining a standard rent for the said premises on the ground that the contractual rent was very excessive. The Rent Controller thereupon fixed Rs. 100 as the standard rent. The applicant, landlord, preferred an appeal against that order to the then Deputy Commissioner of Jaipur, Shri Bam Kanwar Sharma, who was the appellate authority under the Rent Control Order. He reversed the decision of the Rent Controller on 16-7-1949 on the ground that the tenant waa running a Hotel in the said building and that the Jaipur Rent Control Order of 1947 did not apply in the case of a hotel. Against this decision, the tenant filed an application for review before the same Officer, Shri Bam Kanwar Sharma, bat he was transferred to an other place before he could decide it. The matter, therefore came before the present Collector, Shri Sanwal Dan Ujjwal. An objection was raised before him by the landlord to the effect that the decision of his predecessor was final and there being no provision for review in the Jaipur Kent Control Order, the application waa not maintainable. This application having been dismissed by the Collector, the petitioner has come to this Court praying for a writ that the said authority be prohibited from exercising a jurisdiction not vested in it by law.

(3.) It is not disputed by any of the parties before us that the Rent Controller and the Collector appointed to hear appeals against the decisions of the Rent Controller under the Jaipur Rent Control Order 1947, are quasi-judicial authorities amenable to a writ of this Court and, therefore, the only point which calls forth for our determination is whether the Collector is exceeding his jurisdiction in proceeding to make a review of the final decision of his predecessor.