SHAH THEATRES PVT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioners in all these writ petitions have impugned the Notifications issued under Sec. 2 (3) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (for short the Rent Act) therefore I propose to decide these petitions by a composite order.

(2.) COMMON grievance projected by the petitioners is that the State Government issued the impugned Notifications on grounds which were neither germane nor relevant to the policy and purpose of the Rent Act and the power was used by the State Government for an extraneous purpose. Respondents, who are Public Charitable Trusts under Sec. 17 of the Rajasthan Public Trust Act, in order to escape from the regulatory provisions of the Rent Act applied to the Respondent State for issuance of an order under Section 2 (3) of the Rent Act exempting the premises owned by the Trusts from all the provisions of the Rent Act. Section 2 (3) of the Rent Act provides that the State Government under its specific order if satisfied that it is necessary or expedient or to do so in public intere. 05. by notification in the official Gazette, exempt from all or any of the provisions of the Act any premises owned by any educational, religious or charitable institution, the actual of the income derived from which is utilised for the purpose of the institution.

(3.) IT is contended on behalf of the petitioners that impugned Notifications are absolutely arbitrary, illegal and violative of principles of natural justice as protection of the Rent Act has been withdrawn without, providing opportunity of hearing to the petitioners. The respondent trusts have obtained exemptions not for any charitable, educational or religious purposes but with the sole object of throwing the petitioners out of the premises. The State Government without application of mind granted the exemption.