- (1.) An application for eviction was filed on behalf of the State Government before the Estate Officer under the provisions of the Rajasthan Public Premises (Eviction of Unauthorized Occupants) Act, 1964 in regard to two properties entered in the Inventory of the private properties of the Ruler of Jaipur. The application was submitted on 23.6.2003. Preliminary objections were raised on behalf of the contesting respondent before the Estate Officer that since the properties had been entered in the Inventory of the properties of the Ruler of Jaipur as part of covenant, no proceedings under the Act of 1964 could be taken against the contesting respondent. The objection was rejected by the Estate Officer vide order dated 27.3.2004. Aggrieved by the above order dated 27.3.2004, an appeal was preferred by the contesting respondent before the District Judge. While allowing the appeal vide order dated 12.8.2005, the Additional District Judge, Jaipur set aside the order passed by the Estate Officer. While allowing the application filed on behalf of the contesting respondent, the appellate court further held that the Estate Officer has no jurisdiction in the present matter. The order dated 12.8.2005 passed by the lower appellate court is under challenge in the present writ petition.
(2.) After hearing learned counsel for the parties, I have carefully gone through the material on record.
(3.) It has been submitted on behalf of the petitioner that after 26th amendment in the Constitution in the year 1971 which came into force form 28.12.1971, Article 291 as also Article 362 had been repealed. Article 291 was in regard to privy purse to the Ex-Rulers of Princely States whereas Article 362 refers to right and privileges of Rulers of Indian States. Seeking protection of the above amendment in the Constitution, it has been alleged that the disputed properties in the present writ petition shall revert back to the State and proceedings under the Act of 1964 could be initiated before the Estate Officer. A list of Inventory of the private properties of the Ruler of Jaipur as part of covenant has been placed on record. As per Plan 12 and 13, Bungalow No. 15 and Bungalow No. 16 were to be maintained and owned by the Rajasthan Government but, it has further been mentioned that His Highness' Household Officers will be allowed to use them free of rent. His Highness will return these bungalows when he does not need them. It has been alleged that in view of constitutional amendment in the year 1971, the contesting respondent has no right over the property in dispute.;