Rajasthan
Town Hall: Hc Junks Plea Of Ex-royal Family Over Town Hall, Other Property | Jaipur News
JAIPUR: Rajasthan High Court on Friday dismissed appeals filed by the erstwhile royal family of Jaipur regarding possession of Town Hall and accounts and treasury complex situated in Walled City. The court in its order stated that “appeal being devoid of merit” liable to be dismissed.
A single bench of Justice Narendra Singh Dhaddha gave this interim order while hearing two appeal petitions of former royal family member Padmini Devi and others. The court had reserved its decision on the appeal after hearing the arguments of both the parties in the case. Due to the rejection of the appeal, the court’s order to restore the status quo in the case on August 7 has also expired.
Rajendra Prasad, senior counsel for the appellant royal family, said that the trial court has wrongly dismissed the temporary injunction application filed by the applicants. “As per the covenant between the government and royal family, building known as “Jaipur Accounts offices and Jaipur treasury” was a part of City Palace. It was shown as private property of high highness, Jaipur and preserved for the future successors of Maharaja of Jaipur. The non-applicants(government) were licensee in the property because the ownership vested in Maharaja of Jaipur,” said Prasad.
“The purpose for which the disputed properties was given to the government has been extinguished because Jaipur Account offices and Jaipur treasury is not functioning as they are shifted in new building,” he added.
Rajesh Maharshi, additional advocate general (AAG), said, “The suit filed by the ex-royal family is not maintainable because as per Covenant, the civil court had no jurisdiction to try the dispute regarding covenant. In the covenant, it was never mentioned that right to use these properties shall be extinguished after transferring the office.”
“We got these properties through covenant not as licence. On the day the covenant was written, the Legislative Assembly at Town Hall did not exist here. In such a situation, the government is free to make any use of these premises,” Maharshi argued.
Hearing both the arguments the bench comprising Justice Narendra Singh Dhaddha dismissed the appeal of the ex-royal family. “The trial court rightly exercised the discretion of dismissing the temporary injection application filed by the applications (ex-royal family). The trial court in its order clearly mentioned that official use should be considered in wider terms not in narrow sense. So, the present appeal being devoid of merit is liable to be dismissed,” said Justice Dhaddha in his order.
A single bench of Justice Narendra Singh Dhaddha gave this interim order while hearing two appeal petitions of former royal family member Padmini Devi and others. The court had reserved its decision on the appeal after hearing the arguments of both the parties in the case. Due to the rejection of the appeal, the court’s order to restore the status quo in the case on August 7 has also expired.
Rajendra Prasad, senior counsel for the appellant royal family, said that the trial court has wrongly dismissed the temporary injunction application filed by the applicants. “As per the covenant between the government and royal family, building known as “Jaipur Accounts offices and Jaipur treasury” was a part of City Palace. It was shown as private property of high highness, Jaipur and preserved for the future successors of Maharaja of Jaipur. The non-applicants(government) were licensee in the property because the ownership vested in Maharaja of Jaipur,” said Prasad.
“The purpose for which the disputed properties was given to the government has been extinguished because Jaipur Account offices and Jaipur treasury is not functioning as they are shifted in new building,” he added.
Rajesh Maharshi, additional advocate general (AAG), said, “The suit filed by the ex-royal family is not maintainable because as per Covenant, the civil court had no jurisdiction to try the dispute regarding covenant. In the covenant, it was never mentioned that right to use these properties shall be extinguished after transferring the office.”
“We got these properties through covenant not as licence. On the day the covenant was written, the Legislative Assembly at Town Hall did not exist here. In such a situation, the government is free to make any use of these premises,” Maharshi argued.
Hearing both the arguments the bench comprising Justice Narendra Singh Dhaddha dismissed the appeal of the ex-royal family. “The trial court rightly exercised the discretion of dismissing the temporary injection application filed by the applications (ex-royal family). The trial court in its order clearly mentioned that official use should be considered in wider terms not in narrow sense. So, the present appeal being devoid of merit is liable to be dismissed,” said Justice Dhaddha in his order.
