Deepak Kumar vs Anil Kumar

Punjab-Haryana High Court

Deepak Kumar vs Anil Kumar on 2 May, 2024

Author: Alka Sarin

Bench: Alka Sarin

                                                                                  2024:PHHC:060712

                                    IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                                                   CHANDIGARH

                         123                                            CR-2641-2024 (O&M)
                                                                        Date of Decision : 02.05.2024

                         DEEPAK KUMAR @ LOVELY                                            .... Petitioner

                                                            VERSUS

                         ANIL KUMAR                                                     .... Respondent

                         CORAM : HON'BLE MRS. JUSTICE ALKA SARIN

                         Present :      Mr. Vinay Puri, Advocate for the petitioner.

                         ALKA SARIN, J. (ORAL)

1. Prayer in the present petition filed under Article 227 of the Constitution of India is for expeditious disposal of the ejectment petition (Annexure P-4) filed by the petitioner-landlord under Section 13 of the East Punjab Urban Rent Restriction Act, 1949.

2. Learned counsel for the petitioner would contend that the matter has been pending since 2020 and hence the Rent Controller concerned may be directed to expedite the hearing.

3. Heard.

4. As per the Dashboard of District Court Ludhiana available on the website of National Judicial Data Grid, there are 27310 cases pending before the Court concerned including rent petitions. Out of the said cases, 319 cases are those cases which are 10-20 years' old and 2454 cases are 5-10 years' old.

5. Hon'ble Supreme Court in the case titled as High Court Bar Association, Allahabad Vs. State of U.P. & Ors. [2024 (2) RCR (Civil) AMAN JAIN 2024.05.02 21:32 I attest to the accuracy and integrity of this judgment/order.

2024:PHHC:060712 123 CR-2641-2024 (O&M) -2- 199] has held in para No.37(c) as under :

"37(c) Constitutional Courts, in the ordinary course, should refrain from fixing a time-bound schedule for the disposal of cases pending before any other Courts. Constitutional Courts may issue directions for the time- bound disposal of cases only in exceptional circumstances. The issue of prioritizing the disposal of cases should be best left to the decision of the concerned Courts where the cases are pending"

6. There is absolutely no ground made out in the petition as to what are the exceptional circumstances in the present case that the Rent Controller concerned should be directed to take the matter out of turn and decide the same expeditiously and in a time bound manner.

7. In view thereof, the present revision petition is dismissed. Pending applications, if any, also stand disposed off.

                         02.05.2024                                            (ALKA SARIN)
                         Aman Jain                                                JUDGE

                                      NOTE:         Whether speaking/non-speaking: Speaking
                                                    Whether reportable: YES/NO




AMAN JAIN
2024.05.02 21:32
I attest to the accuracy and
integrity of this judgment/order.