U M ANIGOL Vs. STATE OF MYSORE

JUDGEMENT

(1.) In this petition under Art.226, U. M. Anigol, the petitioner has challenged the levy of penal rates of rent in respect of his official quarters.

(2.) In 1966, the petitioner was an Assistant Engineer in Belgaum Circle. He was allotted Government quarters for his residence in Fort, Belgaum, at the usual rate of license fee. He was staying there with his family. In 1968, he was promoted as Executive Engineer and posted on deputation to Malaprabha Co-operative Sugar Factory Ltd., the headquarters of which was also at Belgaum. After deputation, he was asked to vacate the Government quarters on the ground that he was promoted and transferred to another post. He did not vacate. His request for the allotment of alternate quarters was not considered by the authorities.

(3.) The Executive Engineer, Belgaum Division, asked the petitioner to pay rent at the penal rate for the period June 1958 to March 1971. The total rent worked out was Rs. 13,467-57 P. It is really a very large sum. The Accountant General of Mysore, by his letter dt. 12-8-1971, asked the petitioner to adjust that amount by way of deduction from his monthly pay bills in 129 instalments at the rate of Rs.105 per month. Aggrieved by the action taken, the petitioner preferred this petition under Art.226, challenging the legality of the levy and demand of penal rent.