- (1.) The instant writ appeal has been preferred against the order dated 13.9.2019 passed in S.B. Civil Writ Petition No. 12408/2019, whereby the writ petition has been dismissed observing that the learned Counsel for the petitioner has failed to demonstrate as to whether the properties rented out by the Waqf Board would be governed for the purpose of eviction by the Rent Control Act or by the provisions under Rajasthan Public Premises (Eviction of Unathorised Occupants) Act, 1971 (for short 'the Act of 1971').
(2.) Learned Counsel appearing for the appellant has drawn attention of this Court towards Section 2(b)(viii) of the Act of 1971, which is quoted as under: '2. Definitions.'In this Act, unless the context otherwise requires ' (b) 'public premises'? means any premises belonging to, or taken on lease or requisitioned by, or on behalf of the State Government, [and industrial area developed by the Rajasthan Industrial and Mineral Development Corporation and other immovable properties constructed in such areas] and includes any premise belonging to' (viii) a Wakf as defined in the Wakfs Act, 1954] (Central Act 29 of 1954) and entered in the register or Wakfs maintained under Section 26 of that Act; or' ?
(3.) Learned Counsel appearing for the respondent supported the judgment rendered by the learned Single Judge.;