Kirodi Lal Sikandar S/O Shri ... vs Mohit Kumar Kundliya S/O Mankumar ...
2023 Latest Caselaw 1366 Raj/2

[2023/RJJP/001351]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                S.B. Civil Writ Petition No. 18323/2022

Kirodi Lal Sikandar S/o Shri Sadhuram, R/o V.p.o Kathuwas
District Alwar Proprietor M/s Manisha Diamond Tools F-2239,
Industrial    Area     Ramchandrapura,             Sitapura        Vistar   Sanganer
Jaipur.
                                                                       ----Petitioner
                                        Versus
1.        Mohit Kumar Kundliya S/o Mankumar Kundliya, Proprietor
          M/s Jaskaran And Company R/o D-4 Shanti Path Tilak
          Nagar Jaipur.
2.        M/s Jaskaran And Company, Through Proprietor Mohit
          Kumar Kundliya S/o Mankumar Kundliya Office Address
          Industrial   Plot       No.   F    2239,       Ricco     Industrial   Area
          Ramchandrapura, Sitapura Vistar Sanganer Jaipur.
                                                                    ----Respondents

For Petitioner(s) : Mr. Kail Bardhar.

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.110/2018 expeditiously.

Counsel for the petitioner submitted that the petition is

pending before the concerned court below since 2018. 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

[2023/RJJP/001351] (2 of 2) [CW-18323/2022]

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 concerned court below to decide the

application No.110/2018 preferably within a period of one year.

(INDERJEET SINGH),J

MG/125

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