Champa Lal Gopi Kishan Saboo Trust v. State of Rajasthan
1990-09-04
D.L.MEHTA
body1990
DigiLaw.ai
JUDGMENT 1. - Heard learned counsel for the parties. 2. Mr. Rathor, prays for time to file the reply. Mr. N.L. Pareek, appeared on behalf of the State on 29.8.1989, and sought time to file the reply and time was granted. More than one year has passed and the reply has not been filed by the State. I am of the view, that if further time is granted to the State, it will serve no purpose because the respondents are not performing their duties faithfully and sincerely. In this writ petition, it was submitted by the learned counsel for the petitioner that the petitioner is a charitable Trust, registered in the year 1948 and in para 6 of the writ petition it has been mentioned that the income of the Trust is utilised for the betterment of the trust, social organisations, religious purposes, education, help to the poor and needy persons, financial assistance to the widows and for other purposes. It was also submitted that sub-section (3) of section 2 of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950, provides for exemption from the operation of the Act, if the State Government, is satisfied that it is not necessary and expedient so to do in the public interest made by notification in the Gazette, if any premises owned by the educational, religious or Charitable Trust. It was also submitted that the Hindu and Muslim Charitable Trusts, have already been exempted. The list of the notification issued by the State Government, have been supplied by the petitioner in para 9 of the writ petition. Petitioner has submitted an application for the grant of exemption on 11.12.1985, and he was informed vide letter dated 8.10.1987, that the State Government, is making an amendment in the Act. It was also submitted in para 14, of the writ petition that the Trust, fulfils all conditio is for the grant of exemption. It was also submitted that the income of the trust, derived from the properties of the trust and donations and other sources is being spent for religious and charitable purposes. 3.
It was also submitted in para 14, of the writ petition that the Trust, fulfils all conditio is for the grant of exemption. It was also submitted that the income of the trust, derived from the properties of the trust and donations and other sources is being spent for religious and charitable purposes. 3. The concept of equality should be well understood that it does not mean only an equal opportunity or equal treatment but it requires also equal results if equal opportunity is given but the equal results are not given when the matters are not similarly situated then it will not amount to the violation of Article 14 of the Constitution of India. Equal result in a similar situation is a must otherwise, it is a discrimination. Respondents, have not filed the reply and it goes to show that they have admitted the position. 4. In such circumstances the respondents cannot be allowed to discriminate one institution to another institution to provide equal results. 5. In the result, the writ petition is accepted and the respondents are directed to issue notification in granting exemption to the petitioner as prayed, from the provisions of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950. 6. No order as to costs.Petition Accepted. *******