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Issues:
1. Jurisdiction of the High Court to issue writs of certiorari and prohibition under Article 226 of the Constitution of India. 2. Validity of the order for eviction passed by the Government under the Mysore House Rent & Accommodation Control Order. 3. Interpretation of clauses related to eviction and occupation under the House Rent Control Order. Analysis: 1. The petition sought writs of certiorari and prohibition to challenge an eviction order passed by the Government, claiming it was without jurisdiction under the Mysore House Rent & Accommodation Control Order. The petitioners, long-term tenants, argued that the order for their eviction to run a school was unlawful. The High Court acknowledged its jurisdiction under Article 226 but emphasized the need to assess if the Government's action exceeded its legal authority. The writs of prohibition and certiorari are tools to curb excesses of power by bodies acting judicially, extending beyond traditional courts. The Court referred to legal precedents to define the scope of these writs and their application to control actions of bodies with legal authority. 2. The petitioners' counsel raised three contentions challenging the eviction order's validity. Firstly, they argued against a second application for eviction based on the same reason after the initial dismissal. Secondly, they contended that the lack of permission to convert the building for school use rendered the eviction application invalid. Lastly, they questioned whether running a school constituted occupation under the House Rent Control Order. The Court analyzed these contentions, finding that the subsequent application was valid due to an amendment allowing landlord occupation. It clarified that the permission for conversion was not a prerequisite for eviction under the relevant clause. The interpretation of 'occupation' in the context of the Order was crucial, with the Court examining legal definitions and precedents to determine its broader meaning beyond mere residence. 3. The Court delved into the interpretation of 'occupation' within the House Rent Control Order, emphasizing its broader connotation compared to 'residence.' Citing legal cases, the Court explored the complexities of defining 'occupation,' including legal possession versus physical presence. The Order's provisions regarding landlord occupation for eviction were scrutinized, particularly in the context of an association owning the premises for a school. The Court concluded that the Government's order for eviction implied a bona fide claim by the landlords and was within its jurisdiction, dismissing the petition challenging the eviction order. The judgment highlighted the nuanced understanding required in interpreting legal terms within the framework of rent control regulations.
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