NEW DELHI: Heir of the late Maharaja Dr Karni Singh, the last ruler to hold the title of Maharaja of Bikaner, has approached the Delhi High Court seeking overdue rent payments from the Central Government for the use of Bikaner House in the national capital.
A division bench led by Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela heard the appeal on Tuesday. The case challenges a ruling by a single judge on 24 February, which had dismissed the plea for rental arrears. The appeal has been filed on behalf of the estate of Maharaja Dr Karni Singh. Previously, his daughter had initiated the legal battle before the single judge.
Senior Advocate Jayant Mehta, representing the petitioner, argued that the previous order was legally flawed and failed to take into account crucial evidence.
During the proceedings, the bench questioned why a writ petition was chosen instead of a civil suit. Chief Justice Upadhyaya remarked, “You are seeking a writ of mandamus, but such a writ applies when a public authority neglects statutory duties. Does non-payment of rent qualify as a statutory obligation?” He further inquired, “Can such a directive be issued in this case? You should file a civil suit. The single judge’s findings will not obstruct you if you choose to proceed in that manner.”
Mehta contended that since the matter involved no factual dispute, a writ petition was appropriate, particularly if the government had wrongly withheld payments.
The court directed both the appellant and the Central Government to submit relevant documents, including records related to a suit filed by the State of Rajasthan. Additionally, the appellant was instructed to serve a copy of the appeal to the Rajasthan Government’s legal representative to ensure its involvement in the proceedings.
The case is scheduled for its next hearing on 17 July. In rejecting the initial plea, the single judge had ruled that the petitioner had failed to establish any legal entitlement to Bikaner House or any claim to rental arrears from the Union Government.
Following the integration of princely states into independent India, Bikaner House was leased to the Central Government in 1950 by the Government of Rajasthan and Maharaja Karni Singh. Under this arrangement, 67% of the rent was allocated to the Rajasthan Government, while the remaining 33% was directed to the Maharaja.
In 1951, the Government of India formally agreed to disburse one-third of the rent to the Maharaja’s estate. These payments were made regularly until 1986 to the Rajasthan Government and until 1991 to the Maharaja himself.
However, following his demise in 1991, his daughter requested that the payments be distributed equally among the legal heirs. She contended that from that point onwards, the Centre ceased making payments.