Honble MATHUR, J.–The applicants, 66 in number, are tenants in he shops belonging to the third respondent Gurudwara Shri Guru Singh Saheb, Hanumangarh Tow and Junction by way of joint application seeks leave to special appeal against the judgment of the learned Single Judge dated 7.10.1996 rendered in S.B. Civil Writ Peti- tion No. 4522/1993 Gurudwara Shri Guru Singh Saheb, Hanumangarh Town and Junction vs. State. The applicants have also filed a joint writ petition seeking direction to quash notification of the State Government dated September 15, 1998 and June 3, 1999 in exercise of powers conferred by sub-sec.3 of Sec.2 of the Rajasthan Premises (Control of Rent & Eviction) Act, 1950) issued in compliance of the order of the learned Single Judge dated 7.10.96. The effect of the notification is that third respondent has been exempted from the application of the provisions of the Act of 1950.

(2). We have heard Shri D.S. Sishodia, Senior Advocate with Shri Vijay Kumar Aggarwal at length. Before averting to the contentions advanced by the learned counsel, we consider it necessary to give a prelude to the controversy involved. The third respondent Gurudwara Shri Guru Singh Saheb, Hanumangarh Town and Junction (hereinafter referred to as ``the trust) is a registered body. It claims to be an education and charitable trust. According to the trust, its entire income is utilised for the purpose of running of its educational institutions. It is running a Guru Harikishan Public School upto 8th standard with English medium and also provided free facilities of boarding and lodging to the passengers. Its only source of income is rent from the shops. About 100 shops were constructed 40 years ago and rented out on a meagre rent. The trust approached to the State for granting exemption to them under the Act of 1950. Section 2(3) of the Act, reads as follows:-

(3) The State Government if it is satisfied that it is necessary or expedient so to do in public intere.05.by notification in the official Gazette, exempt from all or any or the provisions of this Act any premises owned by any educational religious or charitable institution the whole of the income derived from which is utilised for the purpose of that institution.

In identical matter, the learned Single Judge in S.B. Civil Writ Petition No. 55/1981 (1), after thread bare discussion of the controversy directed the State to issue notification under sub- Sec. 3 of Sec. 2 of the Act of 1950 giving exemption to the trust from the application of the Act of 1950, by judgment dated 29.8.1991. The learned Single Judge following the judgment in said case allowed the writ petition in the same terms. The effect of the writ is that State was required to issue a notification under sub-sec. 3 of Sec. 2 of the Act of 1950 exempting the third respondent Gurudwara Shri Guru Singh Saheb, Hanumangarh Town and Junction from the application of the Act of 1950. The State preferred a Special Appeal against the judgment of the learned Singe Judge dated 07.10.1996 being D.B. Civil Special Appeal No. 140/1998 (defect) State of Rajasthan and Others vs. Gurudwara Shri Guru Singh Saheb, Hanumangarh Town and Junction. Alongwith this special appeal, an application u/Sec. 5 of the Limitation Act for the condonation of delay in filing the special appeal was also filed. The said application was rejected by the order of the Division Bench dated 04.05.1996 issued impugned notification under Sec. 2(3) of the Act of 1950 giving exemption to he third responded Gurudwara Shri Guru Singh Saheb, hanumangarh Town and Junction from the provisions of application of the Act of 1950.

(3). The application for leave to special appeal against the judgment of the learned Single Judge dated 07.10.1996 deserves to be rejected for the simple reason that after dismissal of the special appeal filed by the State against the order of the learned Single Judge, though on the ground of delay and not merit, a second special appeal is not maintainable.

Click Here to Read the rest of this document