(1.) The instant appeal has been filed under Section 18 of the Rajasthan High Court Ordinance, against the judgment/order dated 19-5-99 passed by the learned single Judge in S. B. Civil Writ Petition No. 1484/1999, by which the writ petition filed by the appellant-petitioner has been dismissed.
(2.) The facts involved in this case are not in dispute. Respondent No. 1 granted a licence in favour of the respondent No. 3 Damami Sabha, Motilal Boarding House, Jodhpur, on certain terms and conditions vide order dated 18-5-1968 (Annexure 1 to the writ petition) in respect of the land measuring 2599 square yards for constructing a boarding house for the students belonging to Damami community near Perli Semetry, Masuriya, Jodhpur, Respondent No. 3 inducted the appellant-petitioner as a sub-tenant on a part of the land measuring 30' x 10' in the year 1991 on a monthly rent of Rs. 1400/- and the appellant-petitioner raised certain constructions on the said land and after obtaining licence from the Shop and Commercial Establishments Department, started running a scrape-shop. Some other tenants were also inducted on the said land like the appellant-petitioner. The society did not construct the boarding house, for which the land was allotted, nor paid the licence fee after 31-3-1984. Respondents No. 1 and 2 issued a show cause notice dated 2-9-97 (Annexure 5) to the respondent No. 3, i.e. the original allottee, to explain within a period of two weeks as why the allotment be not cancelled as the allottee failed to construct the hostel building for poor children of Damami Samaj, and also for sub-letting a part of the land as well as for not depositing the licence fee and for not getting extension of the licence period as the original licence was valid only for a period of three years and the use of the land had been made by the respondent No. 3 society in contravention of the terms and conditions of the licence. Immediately after receipt of the said notice respondent No. 3 society deposited the licence fee to the tune of Rs. 1200/- only on 19-9-1997 and submitted its reply to the show cause notice (Annexure 7), submitting that the Competent Authority of the respondents No. 1 and 2 had made a declaration of cancellation of the licence in 1982, and litigation was pending in respect of the said cancellation.
(3.) Respondents No. 1 and 2 ultimately cancelled the said licence in favour of respondent No. 3 and served a show cause notice dated 26-9-97 (Annexure 8) to the appellant-petitioner under Section 92-A of the Rajasthan Improvement Trusts Act, 1959 (hereinafter referred to as "the Act, 1959") as why he should not be removed from the possession as he was having an encroachment on the said part of the land. Appellant-petitioner, was also asked to appear before the Competent Authority on 15-10-97 for personal hearing. However, immediately after receiving the said show cause notice he filed civil suit No. 694/1997 before the Civil Court and obtained an interim injunction on 6-10-97 to the effect that he should not be removed by the Authorities under the Act, 1959 except in due process of law. Appellant-petitioner also filed reply to the said show cause notice on 7-11-97 and after considering his reply, the Authority passed the order dated 4-3-98 (Annexure 10) directing the appellant-petitioner to vacate the said land within a period of three days. Being aggrieved and dissatisfied of the order dated 4-3-98, appellant-petitioner preferred an appeal No. 20/1998 in the Court of the District Judge, Jodhpur. The Appellate Court, vide order dated 19-3-98, stayed the operation of the impugned order. The said appeal was rejected vide judgment and order dated 7-9-98 (Annexure 11) as not maintainable. Appellant-petitioner immediately filed an application before the Civil Court under Order 39, Rule 2-A of the Code of Civil Procedure, alleging that the impugned eviction order dated 4-3-98 (Annexure 10) had been passed in violation of the interim order passed by the said Court without taking recourse to due process of law. However, the appellant-petitioner, for reasons best known to him, got the application dismissed as not pressed vide order dated 10-9-98.
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