BASANTI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition under Article 227 of the Constitution of India is filed on behalf of the petitioners being aggrieved with the order dtd. 18/5/2022 passed by Additional District Judge No. 6, Jodhpur Metro (hereinafter to be referred as 'the appellate court'), whereby the appeal filed by the petitioners has been dismissed. The said appeal was filed by the petitioners being aggrieved with the judgment dtd. 17/1/2022 passed by the Estate Officer, Devasthan Department, Jodhpur (hereinafter to be referred as 'the Estate Officer'), whereby the application filed on behalf of the State of Rajasthan through the Inspector, Devasthan Department has been allowed.

(2.) Brief facts of the case are that the Inspector, Devasthan Department filed an application before the Estate Officer in the year 2007 under the provisions of Rajasthan Public Premises (Eviction of Unauthorised Occupants) Act, 1964 (hereinafter to be referred as 'the Act of 1964') alleging that Institution Kabir Panthi Bagechi, Jodhpur (for short 'the premises in question' hereinafter) is the property of Devasthan Department and as such is a public premises and the petitioners are in unauthorised occupation of the premises in question since 2007.

(3.) It is stated that notices were issued to the petitioners on 21/6/2007 to vacate their possession from the premises in question but despite that the same has not been vacated by them. It is prayed that the unauthorised occupation be evicted from the premises in question and the petitioners be directed to pay rent to the tune of Rs.2000.00 per month from 1/7/2007 with interest at the rate of 18%.