1. - This special appeal is directed against the judgment of the learned Single Judge relegating the writ petitioner State of Rajasthan to the alternate remedy under section 9 of the Rajasthan Public Premises (Eviction of Unauthorised Occupants) Act, 1964 (hereinafter referred to as the Act of 1964).

2. The necessary facts giving rise to the special appeal are that in the city of Udaipur there is a Government Ayurvedic Hospital. The State Government sold 9 plots for commercial purpose by public auction, from the open space of the hospital. Bhanwarlal father of the first respondent Suresh Chandra purchased the Plot No. 9 measuring 96 square feet. The Executive Engineer, PWD noticed that Suresh Chandra while raising construction on plot No. 9 had encroached some piece of land towards mortuary, therefore, the proceedings were initiated against the respondent under the provisions of the Act of 1964 before the Estate Officer. On appreciation of material on record the Estate Officer found that the respondent Suresh Chandra had encroached upon the public land. However, instead of passing an order of eviction, he directed the respondent to regularise the encroachment on deposit of