- (1.) By way of this appeal, the appellant has challenged the judgment and order of learned Single Judge whereby learned Single Judge has dismissed the writ petition preferred by the State Government.
(2.) 1 The facts of the case are that the State of Rajasthan filed an application before the Estate Officer, Estate Directorate, Jaipur under section 4 of the Rajasthan Public Premises (Eviction of Unauthorized Occupants) Act, 1964 for eviction of respondent No.1 from Bunglaw No.15 and 16 situated in Civil Lines Jaipur and requiring him to pay the compensation for the duration of unauthorized occupation of the said Bungalows. 2. 2 The respondent instead of filing reply on merits of the aforesaid application, preferred an application before the Estate Officer raising a preliminary objection about the maintainabiltiy of the application on the premise that Article 363 of the Constitution of India bars the jurisdiction of the Estate Officer to entertain and decide the dispute involved in the present matter. 2. 3 The aforesaid application filed by the respondent was opposed by the appellant by filing a written reply and stated that provisions of Article 363 of the Constitution of India are in no way attracted in the facts of the present case. 2. 4 The Estate Officer decided the application filed by respondent No.1 upholding the contention of the appellant and holding that with the introduction of Article 363A into the Constitution of India, recognition of the respondent as Ruler of the erstwhile State of Jaipur has now ceased to exist, the properties of Bungalow No.15 and 16 which were entered in the Inventory for use of Households of His Highness were in addition to the personal properties of the Ex-Ruler and were as such entered as personal properties. It was, therefore, held that Estate Officer could legitimately exercise the jurisdiction over the dispute involved in the instant matter. 2. 5 The respondent No.1 feeling aggrieved by the order dated 27.03.2004 preferred an appeal under Section 9 of the Act before the learned District Judge, Jaipur City, Jaipur which was allowed.
(3.) The present respondent were the owner of the property which came to be deprived by the State Government pursuant to treaty enter with the inventory of private property of the Ruler Jaipur wherein it was agreed that property more particularly Bungalow No.15 and 16 will be maintained and owned by the Rajasthan Government but His Highness Household Officers will be allowed to use them free of rent. His Highness will return these bungalows when he does need them.;