Mahant Kulbhushan Das Chela Baba ... vs Riddh Karan Khatik S/O Shri ...
2023 Latest Caselaw 2207 Raj/2

[2023/RJJP/003058]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                 S.B. Civil Writ Petition No. 3055/2023

Mahant Kulbhushan Das Chela Baba Ramkumar Das, Aged About
28 Years, R/o Bajrang Das Ji Ki Bagichi, Khatipura Road,
Jhotwara, Jaipur.
                                                                   ----Petitioner
                                    Versus
Riddh Karan Khatik S/o Shri Maliram Khatik, R/o Ward No. 35
Churu Distt. Churu At Present Tenant Varsh Paridhan, Prop.
Riddhkaran Khatik, Shop Behind Tiwari Printers, Bajrang Das Ji
Ki Bagichi, Khatipura Road, Jhotwara Jaipur And At Present R/o
Fateh Niwas, Khatipura Road, Jhotwara, Jaipur.
                                                                 ----Respondent

For Petitioner(s)          :    Mr. Vipul Jain.
For Respondent(s)          :



            HON'BLE MR. JUSTICE INDERJEET SINGH

                                     Order

17/02/2023

The instant writ petition has been filed by the petitioner with

the prayer to direct the Rent Tribunal, No.2 (Additional Senior Civil

Judge & Additional Chief Metro Magistrate-5, Jaipur Metro-I,

Jaipur) to decide the petition No.438/2019 expeditiously.

Counsel for the petitioner submitted that the petition is

pending before the Rent Tribunal, No.2 (Additional Senior Civil

Judge & Additional Chief Metro Magistrate, Jaipur Metro-I, Jaipur)

since 2019. 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/003058] (2 of 2) [CW-3055/2023]

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 Tribunal, No.2 (Additional Senior Civil

Judge & Additional Chief Metro Magistrate-5, Jaipur Metro-I,

Jaipur) to decide the petition No.438/2019 preferably within a

period of one year.

(INDERJEET SINGH),J

MG/107

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