A subsequent appeal before the Labour Commissioner has also been reject ed and stay vacated in Endorsement in H.R.C. 1/1940 50 dated 10th April, 1950.
The prayer in the petition is thus worded for quashing the orders of the second respondent No.
On this companyplaint, the second respondent passed an order on the 20th March, 1950, to the following effect Sri Aswathanarayana Rao, the allottee of the above house, has reported that you have number handed over possession of the house to him.
You are therefore directed under clause 3 4 of the Mysore House Rent and Accommodation Control Order, 1948 to hand over possession of the above house to the said Sri Aswathanarayana Rao, Director, Balamandira.
As this order was number obeyed by the petitioner, forcible possession was taken of the house with police help and the third respondent was given possession.
97 of 1949 1950 dated 14th March 1950, and also the subsequent orders of the second respondent No.
The petitioner lodged a protest against this order pointing out that the House Rent Accommodation Control Order did number vest the Controller with jurisdiction to allot the house, but on 23rd March, 1950, he received the following reply Your letters under reference have been examined care fully.
On 11th April, 1950, the second respondent made the following order Whereas premises No.
b 49 dated 20th September, 1949, companyfirmed by Appellate Authority in H.R.C. Appeal No.
The second respondent made an order on 13th September, 1949, in the following terms With reference to your vacancy report in respect the above place you are informed under clause 3 2 of the Mysore House Rent and Accommodation Control Order, 1948 that the building is required for the occupation of Balamandira Home for the children and for residential use of the Direc tor.
Subclause 2 , as it originally stood, was in the following terms If within ten days of the receipt by the Controller of a numberice under sub clause 1 , the Controller does number intimate the landlord in writing that the house is required for the purposes of the Government of Mysore, or of the Central Government, or of the Government of an Indian Prov ince or State, or of any local authority or public body, or of any educational or other public institution for the occupation of any officer of any such Government authority, body or institu tion, the landlord shall be at liberty to let the house to any tenant, or if the Controller, on application made by the landlord permits the landlord to do so, to occupy the house himself.
The petitioner seeks to quash the above mentioned orders of the second respondent dated 20th September, 1949, 20th March, 1950, 23rd March, 1950, and 11th April, 1950.
I therefore direct the owner Sri D. K Nabhirajiah to hand over possession of the said house to Sri Aswathanarayana Rao at once, failing which, I authorise the Superintendent of Police, Bangalore City or any other offi cer empowered by him in his behalf to take possession of the house and hand over to the allottee, Sri Aswathanarayana Rao.
The petitioner D.K. Nabhirajiah is a merchant and is the owner of the premises aforesaid.
291, Fifth Main Road, Gandhi Nagar was allotted to Sri Aswathanarayana Rao of Balamandira The owners appeal before the Labour Commissioner and Government having been rejected the owner filed a petition before the High Court of Mysore who passed an interim order and which was vacated by the order referred to above.
By an order dated 20th September, 1949, made on an appli cation by the petitioner dated 16th September, 1949, the Deputy Commissioner refused to reconsider the allotment and required the petitioner to give effect to the same at once and deliver possession to the allottee, The petitioner preferred an appeal to the Commissioner of Labour who is the House Rent Control Appellate Authority and obtained a stay, but the appeal was eventually dismissed and the said order vacated on 28th December.
ORIGINAL JURISDICTION Petition No.
97 of 1949 50 before the Government of Mysore but without success and the Government declined to interfere by their order dated 14th March, 1950.
522 Acc.
Petition under Art.
The State of Mysore has been im pleaded as the first respondent, The facts are these.
R. Somanatha Iyer, Advocate General of Mysore, R. Ganapathy Iyer, with him for the respondent No.
297 of 1951.
May 26 The Judgment of the Court was delivered by CHANDRASEKHARA AIYAR J. This is an application under article 32 of the Constitution for quashing the orders of the Deputy Commissioner and House Rent Controller, Banga lore, 2nd respondent allotting house No.
117 of 1949 1950 dated 28th December, 1949, and by the Government of Mysore in H.R.C. Revision Petition No.
K. Venkataranga Iyengar for the petitioner.
Ramaseshayya Chowdhury for the respondent No.
291, Fifth Main Road, Gandhi Nagar, Bangalore City, for the use of Sri Aswathanarayana Rao 3rd respondent and taking forcible possession of the same.
He filed a Revision Petition No.
