Shree Raghunath Mandir Society Regd vs Raj Kumar Gupta And Another
2024 Latest Caselaw 7042 P&H

Punjab-Haryana High Court

Shree Raghunath Mandir Society Regd vs Raj Kumar Gupta And Another on 3 April, 2024

Author: Alka Sarin

Bench: Alka Sarin

                                                                                     2024:PHHC:044847

                            132
                                    IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                                                   CHANDIGARH

                                                                          CR-1980-2024 (O&M)
                                                                          Date of decision : 03.04.2024


                            Shree Raghunath Mandir Society Regd.                              ... Petitioner(s)

                                                                Versus

                            Raj Kumar Gupta & Anr.                                          ... Respondent(s)



                            CORAM : HON'BLE MRS. JUSTICE ALKA SARIN



                            Present :    Mr. Aayush Gupta, Advocate for the petitioner.



                            ALKA SARIN, J. (ORAL)

1. Prayer in the present revision petition is for issuance of

directions to the Appellate Authority to decide the Rent Appeal bearing

No.83 of 2019 titled as "Raj Kumar Gupta Vs. Shri Raghunath Mandir

Society etc." in a time bound manner.

2. The dashboard of the Court concerned at Ludhiana, available on

the website of National Judicial Data Grid, reveals that there are 4009 Civil

Appeals pending before the concerned Court including Rent Appeals, out of

these 771 are 5 to 10 years old and 871 are 3 to 5 years old.

3. Hon'ble Supreme Court in the case titled as High Court Bar

Association, Allahabad Vs. State of U.P. & Ors. [2024 (2) RCR (Civil)

199] has held in para No.37(c) as under :

"37(c) Constitutional Courts, in the ordinary course,

integrity of this order/judgment.

                                                                                        2024:PHHC:044847

                            CR-1980-2024 (O&M)                                                       -2-

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"

4. Merely because an appeal has been preferred by the tenant

challenging the acceptance of the rent petition by the Rent Controller would

not entitle the landlord to steal a march over all the cases which have been

pending since much earlier.

5. No exceptional circumstances have been shown to this Court

for issuance of directions to the Appellate Authority to decide the appeal in a

time bound manner. The present revision petition is accordingly dismissed.

Pending applications, if any, also stand disposed off.

                            03.04.2024                                  ( ALKA SARIN )
                            Yogesh Sharma                                    JUDGE

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

integrity of this order/judgment.