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2021 Supreme(Raj) 1171

SANGEET LODHA, RAMESHWAR VYAS
Shyam Kumar – Appellant
Versus
State of Rajasthan, through the Principle Secretary – Respondent


Advocates Appeared:
For the Petitioners: Mr. Prashant Tatia for Mr. Sajjan Singh Rajpurohit

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 ev

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