Union of India & Anr. vs. The Board of Revenue Rajasthan, Ajmer & Ors.

Rajasthan Tenancy Act, 1955–Secs. 15 & 16(vii)–Public Premises (Eviction of Unauthorised Occupants) Act, 1971–Secs. 5 & 9–Whether the Revenue Courts have jurisdiction to hear and decide the suit with regard to a land which belongs to the Ministry of Defence initiating the proceedings by the UOI through Estate Officer for eviction under the Act of 1971, when remedy of appeal against the order passed by the Estate Officer is available under the Act of 1971 ?–Held, no–In view of provisions of Sec. 15, no Court shall have jurisdiction to entertain any suit or proceeding in respect of eviction passed by the Estate Officer–Further, no khatedari rights shall accrue for the lands which at the time of commencement of the Act of 1955 or any time thereafter is set apart for miltary establishment and the same was also recorded in MLR–Land in dispute is covered under the definition of public premises–Impugned orders passed by the Revenue Courts and Single Bench are liable to be quashed and set aside.