Arun Mishra, J. - (1.) The controversy involved in these petitions is whether an appeal against the order passed by the Estate Officer under the Rajasthan Public Premises (Eviction of Unauthorized Occupants) Act, 1964 (for short, "the Act of 1964") lie before the District Judge under Sec. 9 of the Act of before the Waqf Tribunal.
(2.) It is conceded at bar that the matter is covered by the decision rendered by the Apex Court in Ramesh Gobindram (dead) through LRs v. Sugra Humayun Mirza Wakf, reported in 2010 (2) RCR 266, which the Apex Court laid down the law regarding eviction of tenant occupying Waqf property and held that the Waqf Tribunal cannot adjudicate upon disputes regarding eviction of tenant and the Civil Court has the jurisdiction to entertain and adjudicate upon the disputes regarding eviction of tenant from Waqf property. The Apex Court has explained the scope of Section 6(5), 83 and 85 and over rules certain judgments.
(3.) In view of the aforesaid decision, it is not disputed that the appeals against the order passed by the Estate Officer under the Act of 1964 is maintainable before the District Judge.;