[2023:RJ-JP:26549]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 3773/2020
Ram Pratap Singh S/o Late Shri Narayan Singh, Aged About 60
Years, R/o Diggi House, Shivaji Marg, C-Scheme, Jaipur
(Rajasthan).
----Petitioner
Versus
1. Ramswaoop Gusar S/o Shri Santosh Lal, Resident Of Diggi
House, Shivaji Marg, C-Scheme, Jaipur
2. Vinod Gusar S/o Shri Ramswaroop Gusar, Resident Of
Diggi House, Shivaji Marg, C-Scheme, Jaipur (Raj.)
3. Punam Devi W/o Vinod Gusar, Resident Of Diggi House,
Shivaji Marg, C-Scheme, Jaipur (Raj.)
4. Raj Gusar S/o Shir Ramswaroop Gusar, Resident Of Diggi
House, Shivaji Marg, C-Scheme, Jaipur (Raj.)
5. Nitu W/o Raj Gusar, Resident Of Diggi House, Shivaji
Marg, C-Scheme, Jaipur (Raj.)
----Respondents
For Petitioner(s) : Mr. Imran Khan
For Respondent(s) :
HON'BLE MR. JUSTICE GANESH RAM MEENA
Judgment / Order
04/10/2023
1. The instant writ petition has been filed by the petitioner with the prayer to issue direction to the Rent Tribunal, Jaipur Metropolitan, Jaipur, to decide the Rent Application No.300/2019; titled as Ram Pratap Singh Vs. Ramswaroop & ors. expeditiously.
2. Counsel for the petitioner submits that the application is pending before the Rent Tribunal, Jaipur Metropolitan, Jaipur, since 2019 and the non-applicant was served long back. (Downloaded on 11/11/2023 at 08:31:44 PM) [2023:RJ-JP:26549] (2 of 3) [CW-3773/2020]
3. Counsel for the petitioner further submits that the provisions of Section 15 of the Rajasthan Rent Control Act, 2001, provides for disposal of the Rent application within 240 days from the date of service upon the respondent-tenant.
4. In support of contentions, counsel relied upon the judgment passed by the Hon'ble Supreme Court in the matter of Hameed Kunju vs. Nazimin, reported in (2017) 8 Supreme Court Cases 611, wherein it has been held as under:-
"43. Before parting, we consider it apposite to observe that the object of the Rent Laws allover the State is to ensure speedy disposal of eviction cases between the landlord and tenant and especially those cases where the land lord seek eviction for his bona fide need.
44. We sincerely feel that the eviction matters should be given priority in their disposal at all stages of litigation and especially where the eviction is claimed on the ground of bona fide need of the landlord. We hope and trust that due attention would be paid by all courts to ensure speedy disposal of eviction cases."
5. On consideration of the arguments advanced by the counsel for the petitioner and material available on record, this Court feels that, ends of justice would meet, if the Rent Tribunal, Jaipur Metropolitan, Jaipur is directed to dispose of the rent application at the earliest.
6. In view of the above, this writ petition is disposed of with the directions to the Rent Tribunal, Jaipur Metropolitan, Jaipur, to decide the Rent Application No.300/2019; titled as Ram Pratap Singh Vs. Ramswaroop & ors. expeditiously and preferably within a period of six months.
7. Since the main petition has been disposed of, all pending application/s, if any, also stands disposed of. (Downloaded on 11/11/2023 at 08:31:44 PM)
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8. Office is directed to send a certified copy of this order to the concerned Rent Tribunal for compliance.
(GANESH RAM MEENA),J ARTI SHARMA/142 (Downloaded on 11/11/2023 at 08:31:44 PM) Powered by TCPDF (www.tcpdf.org)