VIRENDRA KUMAR JAIN AND ORS. Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) By this writ petition, a challenge is made to the order dated 03rd April, 2015 so as the order dated 12th August, 2015 passed by the Rent Tribunal and the Appellate Rent Tribunal.

(2.) The petitioner preferred an application under Section 11 of the Rajasthan Rent Control Act, 2001 (for short "the Act of 2001") to seek restoration of the property sealed and possessed by the Forest Department. The application was dismissed by the Rent Tribunal and appeal thereupon was also dismissed by the Appellate Rent Tribunal.

(3.) Learned counsel for the petitioner submits that the land in dispute was given on lease initially by the Forest Department. It was for the period of ten years. The lease period was to expire in the year 1978, but, prior to it, the land was acquired and transferred initially to the Urban Improvement Trust (UIT) and now to Jaipur Development Authority (JDA). The land accordingly vested in UIT, but, the Forest Department unauthorisedly taken possession of the land thus an application under Section 11 of the Act of 2001 was maintained. The Forest Department had no authority to take possession of the property vested in the JDA and earlier to UIT. The Rent Tribunal however dismissed the application treating it to be property of the Forest Department. It is mainly in reference to Jamabandi where name of the Forest Department still exists, though, the land should have been mutated in favour of UIT on its acquisition.