Citation : 2023 Latest Caselaw 1363 Raj/2
Judgement Date : 2 February, 2023
[2023/RJJP/001352]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 2022/2023
Maqsood Ahmed Qureshi S/o Lt. Shri Noor Mohammed, Aged
About 65 Years, R/o House No. 2201, Man Kayasto Ka Chowk,
Chandpole Bazar, Chowkdi, Topkhana Desh, Jaipur.
----Petitioner
Versus
Doalat Ram S/o Shri Vishan Das, Aged About 48 Years, Add. -
M/s Doalat Readymade Garment, Shop Serial No. 329,
Chandpole Bazar, Chowkdi, Topkhana Desh, Jaipur.
----Respondent
For Petitioner(s) : Mr. Faraz Hussain.
For Respondent(s) :
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
02/02/2023
The instant writ petition has been filed by the petitioner with
the prayer to direct the concerned court below to decide the
application No.604/2014 expeditiously.
Counsel for the petitioner submitted that the petition is
pending before the concerned court below since 2014. 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:-
[2023/RJJP/001352] (2 of 2) [CW-2022/2023]
"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 concerned court below to decide the
application No.604/2014 preferably within a period of one year.
(INDERJEET SINGH),J
MG/126
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