CHHANUBEN WD O VRAJLAL MORAR SWAMI Vs. MANUBHAI PRABHUDAS ACHARYA

JUDGEMENT

(1.) A short question which arises In this petition is whether the order of the Deputy Collector Baroda under sec. 23A of the Bombay Rent Hotel Lodging Lodging and Boarding House Rates Control Act 1947 permitting the opponent herein to have electric connection In the promises belonging to the petitioner herein is a legal order. The question arises in the following circumstances:

(2.) The opponent herein filed an application before the Collector Baroda under sec. 23-A of the Bombay Rent Act for obtaining permission for having electrical installation in the premises in possession of the opponent belonging to the petitioner-landlord on 28th December 1972 The Deputy Collector Baroda issued a notice to the petitioner in the matter. The petitioner filed his reply objecting to the right of the opponent herein to have electrical connection contending inter alia that the Deputy Collector had no jurisdiction to grant permission ought for. The Deputy Collector after hearing the parties rejected the contention as to his competency under sec. 23-A of the aforesaid Act and also rejected all the objections on merits and ordered that the opponent herein will be entitled to have electrical connection in the premises occupied by him at his expenses. It is this order which is the subject matter of this petition before me.

(3.) The only contention which has been pressed into service by Mr. Shah the learned advocate appearing on behalf of the petitioner is that the Deputy Collector who heard and decided the matter had no right authority or jurisdiction to grant permission under sec. 23-A of the said Act inasmuch as the competent authority to grant such permission. according to the said section is the Collector who being a persona designata is alone entitled to give permission which was sought for and the authority who in this case granted permission was merely Deputy Collector therefore could not have acted for the Collector under sec. 23 of the said Act. In order to appreciate this contention of Mr. Shah it would be profitable to refer to a few relevant provisions on this point. Sec. 23-A is a new section which has been recently introduced in the Bombay Rent Hotel and Lodging House Rates Control Act 1947 as applicable in the State of Gujarat. It provides the circumstances where the tenants are entitled to the supply of electricity at their costs. Sec. 23 reads as under: