JAGANNATH JOSHI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS special appeal under Section 18 of the Rajasthan High Court Ordinance, 1949 has been filed by Jagannath Joshi against the order of learned Single Judge dated 13. 1. 1993 dismissing his writ petition.

(2.) THE facts which are necessary to be noticed for the disposal of this special appeal briefly stated as follows : - THE petitioner took on rent three Kothries No. 12, 13 and 21 situated beneath the temple of Shri Raj Ratan Bihariji, Bikaner at the rate of Rs. 2. 75/- per month in the year 1953-54. A notice (Ex. P-1) was issued to him on 30-7-1983 by the respondent No. 1, whereby the tenancy of the appellant was terminated which was received by him on 12. 8. 1983. THE respondent No. 1 moved an application on 22. 8. 1984 under the provisions of the Rajasthan Public Premises (Eviction of the Unauthorised Occupant) Act, 1964 (hereinafter referred to as 'the Act') mentioning therein that the tenancy of Jagannath Joshi has been terminated by the Dy. Commissioner. However, neither the rent due has been paid by the tenant nor the Kothries were vacated by him. Rather they were sub-letted to Madan Lal who is using them for commercial purposes and he being in unauthorised occupation of these premises is liable to be evicted.

(3.) IN Mohanlal Vs. State (supra), a rent note was written by one Nandlal but the disputed rented shop was run by Mohanlal, who was in possession of it. Even after the death of Nandlal, Mohanlal was paying rent to the Department. Mohanlal, the petitioner was asked to attend the office by Estate Officer but notice under section-4 (l) of the Act was not issued to the petitioner and Ambalal, partner of the shop. This Court, while repelling the contention of Government Advocate that notice under section 4 (1) of the Act was not necessary, held that a show cause notice must be served on the alleged unauthorised occupant and allowed the writ petition.