Gujarati Mahamandal vs Rajesh Bhargava S/O Late ...
2022 Latest Caselaw 7644 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                 S.B. Civil Writ Petition No. 13468/2022

Gujarati Mahamandal, Ajmer, Hatibhata Ajmer Through President
Mukesh Bhai Patel And Secretary Nitin Kumar Mehta.
                                                                     ----Petitioner
                                     Versus
1.       Rajesh Bhargava S/o Late Omashankar, R/o 11/151,
         Sankhala Building, Hathi Bhata, Ajmer.
2.       Shri Dilip Bhargava S/o Late Omashankar, R/o D.h. Kothi,
         Shyam Gali, Hathi Bhata, Ajmer Deceased Through Legal
         Heirs
2/1.     Smt. Alka Bhargava W/o Late Dilip Bhargava
2/2.     Ms. Pooja Bhargava D/o Late Dilip Bhargava
2/3.     Yash Bhargava S/o Late Dilip Bhargava,
         All are R/o D.H.kothi, Shyam Gali, Hathi Bhata, Ajmer
3.       Atul Bhargava S/o Late Omashankar, R/o D.h. Kothi,
         Shyam Gali, Hathi Bhata, Ajmer.
4.       Kirti Bhargava S/o Late Omashankar, R/o D.h. Kothi,
         Shyam Gali, Hathi Bhata, Ajmer.
5.       Vipin Bhargava S/o Late Omashankar, R/o D.h. Kothi,
         Shyam Gali, Hathi Bhata, Ajmer.
6.       Bhawna D/o Late Omashankar, R/o D.h. Kothi, Shyam
         Gali, Hathi Bhata, Ajmer.
                                                                  ----Respondents

For Petitioner(s) : Mr. Sunil Kumar Jain For Respondent(s) :

HON'BLE MR. JUSTICE INDERJEET SINGH

Order

06/12/2022

The instant writ petition has been filed by the petitioner with

the prayer to direct the Rent Appellate Tribunal, Ajmer to decide

the appeal No.33/2022 expeditiously.

(2 of 2) [CW-13468/2022]

Counsel for the petitioner submitted that the appeal is

pending before the Rent Appellate Tribunal, Ajmer. Counsel further

submits that according to the scheme of Rent Control Act, 2001,

the eviction petition has to be decided within a period of 240 days.

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 all over the State is to ensure speedy disposal of eviction cases between the landlord and tenant and especially those cases where the landlord 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."

In that view of the matter, the writ petition is disposed of

with a direction to the Rent Appellate Tribunal, Ajmer to decide the

appeal No.33/2022 preferably within a period of six months.

(INDERJEET SINGH),J

AARZOO ARORA /79

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