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VIJAY BISHNOI
Basanti – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT
Vijay Bishnoi, J. - This writ petition under Article 227 of the Constitution of India is filed on behalf of the petitioners being aggrieved with the order dated 18.05.2022 passed by Additional District Judge No. 6, Jodhpur Metro (hereinafter to be referred as 'the appellate court'), whereby the appeal filed by the petitioners has been dismissed. The said appeal was filed by the petitioners being aggrieved with the judgment dated 17.01.2022 passed by the Estate Officer, Devasthan Department, Jodhpur (hereinafter to be referred as 'the Estate Officer'), whereby the application filed on behalf of the State of Rajasthan through the Inspector, Devasthan Department has been allowed.
2. Brief facts of the case are that the Inspector, Devasthan Department filed an application before the Estate Officer in the year 2007 under the provisions of Rajasthan Public Premises (Eviction of Unauthorised Occupants) Act, 1964 (hereinafter to be referred as 'the Act of 1964') alleging that Institution Kabir Panthi Bagechi, Jodhpur (for short 'the premises in question' hereinafter) is the property of Devasthan Department and as such is a public premises and the petitioners are in unauthorised occu
The ownership of 'public premises' as defined in the Act of 1964 can be established based on official notifications and admissions by the parties involved.
The eviction under the Public Premises Act was upheld as lawful, with sufficient notice and adherence to due process, and claims of bias against the Estate Officer were rejected.
The High Court's writ jurisdiction is limited to examining errors apparent on the record, not to reassess facts or evidence in eviction cases under the Public Premises Act.
The central legal point established in the judgment is that the nature of payments made by occupants, coupled with evidence of regularization or lawful occupation, determines their status as authoriz....
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