GOPI KISHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner, learned counsel for the State and learned counsel for the non-petitioners No. 1, 2 and 4.

(2.) BY this petition filed under Article 226 read with Article 227 of the Constitution of India, the petitioner has prayed that the order Annex-4 dated 9th September, 1983 passed by the Estate Officer, Jaipur in case No. 11/81 and the order passed by the District and Sessions Judge, Jodhpur in Civil Appeal No. 167/85 Gopi Kishan v. Estate Officer and another on 18th March, 1989 be quashed and set aside.

(3.) ON 1.4.1975 a notice was served by the Devasthan Department on the petitioner, terminating his tenancy on the ground that the properties in question were required for the purpose of Sukheshwar Pathshala. The petitioner did not pay the rent regularly His case is that the Devasthan Department refused to accept the rent and he did not deposit the rent in Court u/S. 196A of the Rajasthan Public Premises (Eviction of unauthorised occupants) Act, 1964 (in short "the Act" hereinafter) except for a few months, because he was advised that the said Act was not applicable to the premises in question. After the alleged termination of the petitioner's tenancy by notice dated 1.4.1975, an application was filed by the Officer Incharge of the Devasthan Department, Jodhpur on 29th July, 1975, before the Assistant Commissioner, Devasthan Department, Jodhpur (Estate Officer), against the petitioner seeking eviction as well as the payment of arrears of rent etc. The Estate Officer directed the issue of notice u/S 4(1) of the Act. The notice however could not be served on the petitioner for some time. The notice, which was issued u/S 4(1) of the said Act, on 27th Dec., 1981 was served on the petitioner on 1.12.1981. The case was later on transferred to Dy. Commissioner, Devasthan Department, who was appointed as an Estate Officer for all the cities in Rajasthan, of which the population was more than one lac. After the transfer of the file to Dy. Commissioner, Devasthan Department, Jaipur, a notice Annex. 1 was issued to the petitioner on, 20th July, 1983 informing him that 8th August, 1983 had been fixed for hearing in his case and that if he fails to appear, the ex-parte proceedings will be taken against him. This notice was served on the petitioner, but he did not appear before the Dy. Commissioner, Devasthan Department, Jaipur, who was then exercising the powers of Estate Officer under the Act. Consequently, ex-party proceedings were taken against the petitioner.