The court established that the exemption from the rent control act could be granted to trusts based on the predominant object of the trust being religious, charitable, or educational, and upheld the sufficiency of the inquiry conducted by the State Government.

JUDGMENT

Sangeet Lodha, J. - By way of this writ petition, the petitioner has questioned legality of notification dated 25.6.15 issued by the State Government in exercise of the power conferred under Clause (viii) of Section 3 of Rajasthan Rent Control Act, 2001 (for short "the Act of 2001"), whereby all the premises belonging to a religious trust namely, Shri Purandas Ki Bagichi Trust, Bhilwara (hereinafter referred to as 'the respondent trust') have been exempted from applicability of Chapter II & III of the Act of 2001.

2. The petitioner is a tenant in a premises belonging to the respondent trust since 22.6.1985. The control of rent and eviction in the State of Rajasthan at the relevant time was governed by the provisions of Rajasthan Premises (Control of Rent & Eviction) Act, 1950 (for short "the Act of 1950"). However, by virtue of notification dated 15.10.1996 issued by the State Government in exercise of the power conferred under sub-section (3) of Section 2 of the Act of 1950, the premises of the respondent trust were exempted from applicability of the provisions of the Act of 1950.

3. The respondent trust filed a petition against the petitioner under the Act of 2001 seeking eviction from the premises let out in terms of provisions of Transfer of Property Act, 1882, taking shelter of notification dated 15.10.1996 issued under the provisions of the Act of 1950. The petition seeking eviction was dismissed by the Rent Tribunal, Bhilwara vide order dated 30.11.2011 holding that the Act of 1950 having been repealed, by virtue of provisions of Section 32 of the Act of 2001, the notification granting exemption to the premises of the respondent trust, does not remain operative. The appeal preferred by the respondent trust against the order dated 30.11.2011 was allowed by the Appellate Rent Tribunal, Bhilwara, vide order dated 7.4.2017. The legality of the decision of the Appellate Rent Tribunal was questioned by the petitioner by way of Writ Petition No.5399/17 which was allowed by the learned Single Jude of this Court vide order dated 2.4.2008, the order passed by the Appellate Rent Tribunal was set aside and the order passed by the Rent Tribunal was restored. In the meantime, the respondent trust again made an application to the State Government seeking exemption from applicability of provisions of Chapter II & III of the Act of 2001. After due consideration, the State Government vide notification dated 30.6.2015 granted exemption to all the premises belonging to the respondent trust from applicability of provisions of Chapter II & III of the Act of 2001.

4. It is averred that general public and the tenants in the premises belonging to the respondent trust made complaint/representations to the State Government to withdraw the exemption granted on various grounds, but to no avail. Hence, this petition.

5. Learned counsel appearing for the petitioner submitted that the notification earlier issued under the provisions of the Act of 1950 has come to an end and therefore, before issuing the notification under the Act of 2001, granting exemption to the respondent trust from applicability of the provisions of Chapter II & III of the Act of 2001, the State Government was under an obligation to issue a public notice and the decision to grant the exemption could have been taken only after a proper inquiry regarding the activities of the respondent trust. Learned counsel submitted that the office bearers of the respondent trust are involved in unauthorised and criminal acts and the properties of the trust are being alienated by the trustees frustrating the objects of the religious trust. Learned counsel submitted that since the respondent trust is not functioning for fulfillment of its objects, it could not have been granted exemption in terms of provisions of Clause (viii) of Section 3 of the Act of 2001. Learned counsel submitted that undoubtedly, under Section 3(viii) of the Act of 2001, the exemption could be granted to the premises of