* I lb t{LHIGI CUTC?KAAP(A ATD:GaoR Dated : This the 16th day of June, 1997 BEFtqL ThE HCNBLE M.JUSTlCE P.VI9IWANA7HA .iETfl I, sj 3.V.Navayanaswamy, s/o Sri Ven’catspa, mSjor, ‘esiding at Nc. 226, out-house, II Coss, II MaIn, PEUTIONEn In Han’rianthanagar, Sangalo”e-19, WJ,3856W95. 2 Sri N. Javaaiah, Wo late Sri Vayanna Cowls, major, residing at No. 226, Main House, II Cross, Il hair., Hanumanthanagar, PLTITIcbER in uangaloe-3s. W,P.d8564/95+ (By Srit .B.Sadasivappa, Auvocate) & D 1. The at and Accanmodation Controller, Neat Range, Podium Block, Bangalore1. 2. The Special Deputy Canmis sioner, BangLlore strict, Ewishi Bhavan, Hudson Ci ed a, Bar gal Gr 2. 3. at ‘4,Parvathl, w/o Sri h.F.Nadappa, working ag Qle’4, Sericulture Deparbnent, lk Exchange, Cubbonp at, Ban gal Ore- 2 , ON DWTS, (By Sri .$ilmoga Sabbanna, HC fo” D_l and -2; Sri Narsyana ;qhrie Y.T., Advocate for 3), 4 —2— Both these writ petitoas are filed under Artic let 226 and 227 of the Constitution of India praying to quasbinexure—B dated 19.6.95 passed by n1 and Annexure—C dated 27. 10.95 pa ed by The petitions coring on br hearing this day, this court a de the fillowinL,: fl TI 1) us Sri Subbsnna, lened Govern cut Plea er is directed to take notice ar the respondents 1 and 2. 2. In these peitious, te petitioners have prayed for cuashing the order dated 27,10.1995 a copy of w ich has been piodcea a nnexure—C passed by the d respondnt contirmin the order dated 19.6.1995 passed b the 1st resoonden% a copy of which has been produced as .Annexure—r. 3, In order at Annexure—3 the 1st reppoident has treated the premises in auestiort as vacant and allotted tia same to the 5r3 esponoent. 4, By e Is f rotificat an d ted 24.4.95 which was oublishea in Kernetaka &ezettø dated 4.3.33, it his bee notined tint the pbovisicne of Sections 4, 5, 9 anc 10—A of toe ha natak’ kent Control fict rdil cc se to çr —3— be applicable within the limits of Bangalore City, Admittedly, the 1 5der Annexure-B came of to be passed on 19th/3une. It is not in dispute that the premises in c-uestion is situated within the limits of Bangalore City. Therefore, it is clear that the Order—Annexure—B which came to be passed subsequent to the Government Notification dated 24.4.95 notifying that the provisions of Sections 4, 5 and 10—A to of the Act cease to have application/angalore city has no legs to stand and the same is liable to be quashed. Consequently, Order-Annexure-C dated 27.l0.9S passed by the 2nd respondent rejecting the appeal filed against Order—Annexuze—B is also liable to be quashed. 5. Accordingly, 0rderAnnexure-B dated 19,6,1995 passed by the 1st respondent and 0rder—AjinexureC dated 27,10,1995 passed by the 2nd respondent are hereby quashed. . .4 —4— V OLL In terms stated above, th1petition j allowed. Rule issued is made absolute. 6, Sri S.Subbanna, learned Governnnt leader is given four weeks’ time to file his memo of appearare, jut pmg/ JUDGE