Arun Bhansali, J. - (1.) This writ petition has been filed by the petitioner aggrieved against impugned notices dated 12.06.2014 (Annexure-4) and 24/25.06.2013 (Annexure-5), whereby, the shop of the petitioner has been seized without serving any notice or providing opportunity of hearing to the petitioner.
(2.) It is submitted by learned counsel for the petitioner that in all there were 28 such shops similar to that of petitioner, to whom, the notices were issued and the shops were seized; 27 shop keepers/tenants approached this Court by filing writ petition along with Trust and the writ petition filed by the tenants and the Trust was disposed of by this Court in Hari Ballabh Baheti Charitable Trust & Anr. v. State of Rajasthan & Ors., S.B. Civil Writ Petition No. 7410/2013, decided on 25.10.2013 , whereby, inter alia, qua the tenants, the following direction was issued:- "24. The other writ petitions filed by tenants of the petitioner Trust also sail in the same boat. They cannot have any better right or interest than their landlord i.e. the petitioner Trust. However, since in the impugned order the learned District Collector has stated that possession of the property is being taken only to ensure that the property continues to be used for public purposes only and which order has been upheld by this Court and the property in question was seized by the District Collector in pursuance of the said order, the running business of the shops of the other petitioners other than the petitioner Trust does not deserve to be stopped for the time being, since no useful purpose will be served in stopping day-to-day business activities by sealing the shops in question also. Therefore, to the extent of property other than shops, the learned District Collector would be free to ensure the user of the said property for public purposes as a 'Sarai' in terms of the conditions of the Patta. The rentals of these shops would be deposited by all the petitioners-tenants henceforth with the District Collector, Bhilwara, since the possession of the entire property has been taken over in pursuance of the impugned order dated 24/6/2013 by the District Collector, Bhilwara. The District Collector, Bhilwara will be free to appoint a Committee comprising of himself, one Asstt. Collector & one representative of the petitioner Trust or the family to manage the day to day affairs of the said 'Sarai' (Dharamshala) & shops so that commercial use of the property as a marriage place/Vatika can be checked & restricted. The rentals of shops will be used only for good maintenance & up-keep of the said property to be used only as a 'Sarai' (Dharamshala) as originally intended in the 'Bapi Patta' (Annex.1 & 2). "
(3.) It is prayed that so far as the petitioner is concerned, as he is similarly situated to the other tenants, a similar direction may be issued.;