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PETITIONER: D.K. NABHIRAJIAH
Vs.
RESPONDENT: THE STATE OF MYSORE AND OTHERS.
DATE OF JUDGMENT: 26/05/1952
BENCH: AIYAR, N. CHANDRASEKHARA BENCH: AIYAR, N. CHANDRASEKHARA SASTRI, M. PATANJALI (CJ) MAHAJAN, MEHR CHAND MUKHERJEA, B.K. DAS, SUDHI RANJAN
CITATION: 1952 AIR 339 1952 SCR 744
ACT: Mysore House Rent and Accommodation. Control Order, 1948-Validity--Fundamental right not to be deprived of property--Constitution of India, Arts. 31 (2), 19 (1) (f)--Order of allotment before Constitution came into force--Possession taken thereafter--Validity of proceedings--Writ for quashing orders--Maintainability.
HEADNOTE: A house belonging to the petitioner in the Bangalore City fell vacant on the 1st September, 1949, and on the 13th September, 1949, an order was passed by the Rent Con- troller 745 under the Mysore House Rent and Accommodation Control Order, 1948, allotting the house to another person and directing the petitioner to deliver possession to the lat- ter. The petitioner protested and took various steps to get the order vacated but he was unsuccessful and forcible possession was taken from him under an order made on the 11th April, 1950. He applied to the Supreme Court under Art. 32 of the Constitution for quashing the order allotting the house and the subsequent orders made to enforce that order, on the g...