The legal heir of Late Maharaja Dr. Karni Singh, the last ruler of Bikaner, has moved the Delhi High Court seeking unpaid rent from the Central Government for Bikaner House, a prime property located in the national capital.
A division bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela heard the appeal challenging a single judge's order dated February 24. The earlier order had dismissed the petition seeking the arrears.
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The appeal has been filed by the estate of Maharaja Dr. Karni Singh of Bikaner. Initially, the plea was filed through the daughter of the Late Maharaja before the single judge.
"The impugned order is bad in law as it failed to consider the material evidence available on record," argued Senior Advocate Jayant Mehta, appearing for the appellant.
During the hearing, the bench questioned the maintainability of the writ petition and asked whether a writ of mandamus could be issued in this matter.
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Chief Justice Upadhyaya remarked, "You are seeking a writ of mandamus. A writ is granted in cases where a public authority fails to discharge statutory duties. Non-payment of rent—can it be considered a statutory obligation?"
The court further noted, "Can a mandamus be issued in such circumstances? You may institute a civil suit. The single judge's findings will not hinder you if you file a suit."
In response, Advocate Mehta argued that there was no factual dispute and that the state had wrongfully withheld the rent. Therefore, he contended that a writ petition was justified.
The court directed both the appellant and the Central Government to place on record all relevant documents, including those related to a suit filed by the Rajasthan Government concerning Bikaner House.
Additionally, the appellant was instructed to serve a copy of the appeal to the standing counsel for the State of Rajasthan, ensuring the state’s representation in the matter.
The case is scheduled for further hearing on July 17.
Background of the Dispute
The single judge had dismissed the petition, noting that the heir had failed to establish a legal right over Bikaner House or any entitlement to arrears of rent from the Union Government.
Following the integration of princely states into the Indian Dominion, Bikaner House was leased by the Central Government from the Rajasthan Government and Maharaja Karni Singh in 1950. As per the agreement:
- 67% of the rent was to be paid to the Rajasthan Government.
- 33% was allocated to Maharaja Karni Singh.
In 1951, the Government of India confirmed that one-third of the rent would be paid to the Maharaja's estate. Payments were made regularly:
- Until 1986 to the Rajasthan Government.
- Until 1991 to Late Maharaja Karni Singh.
After the Maharaja’s death in 1991, his daughter requested rent payments in four equal installments among the legal heirs. However, she claimed that the payments were stopped following her request.
In 2014, the Supreme Court ordered the Central Government to vacate Bikaner House following a suit by the Rajasthan Government. After compliance with the Supreme Court’s directive, the keys of the property were handed over to Rajasthan Government officials.
The plea before the Delhi High Court contends that, despite the property’s vacation, rent arrears from October 1991 to December 2014 remain unpaid. Additionally, a No Dues Certificate (NOC) has yet to be issued by the Rajasthan Government.
The single judge had ruled that the Rajasthan Government holds absolute ownership over Bikaner House. The daughter’s claim was primarily based on a 1951 letter, which stated that the Central Government had agreed to pay one-third of the rent to the Maharaja on an "ex gratia" basis.
The court clarified: "Ex gratia payments are discretionary and cannot be enforced as a legal right. Such payments are voluntary and cannot be claimed as an entitlement."
Title: ESTATE OF MAHARAJA DR KARNI SINGHJI OF BIKANER THROUGH EXECUTRIX v. UNION OF INDIA AND ANR
