STATE OF RAJASTHAN Vs. JASWANT SINGH

JUDGEMENT

(1.) The petitioner by way of this writ petition assails the order dtd. 17/2/2001 passed by the Additional Collector-II, Jaipur under the Rajasthan Public Premises (Eviction of Unauthorised Occupants) Act,1964 whereby he has closed the proceedings under the Act on the ground of there being civil suit pending between the parties regarding title of the property and has allowed to open the proceedings only after a decision is arrived in the civil suit.

(2.) On the last date i.e. 9/5/2019 , State was directed to inform this court as to what is the result of the civil proceedings which were initiated in the year 1995 and pending before Civil Judge(Jr. Division) Jaipur West. It is informed that the case is still pending for disposal.

(3.) Learned counsel for the petitioner submits that even if the civil suit is pending, the authority under the Act was required to pass an order on the notice issued under 4(1) of the Act to the respondent. It is also submitted that respondent no.6 was a tenant and so far as the respondent no.1 is concerned, he has no further right to sale the property under the garb of the order passed by the Additional Collector-II, Jaipur and the property has been further disposed of by them wrongfully while the property actually belonged to the State.