Petitioner sought direction for fast-tracked eviction proceedings before Rent Tribunal, Jhunjhunu. Court relied on principles of expedition but noted pendency due to litigation load. Petition disposed of without substantive relief.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 5720/2019
Smt. Veena Meel Wife Of Shri Banwari Lal Meel, Aged About 66 Years, By Caste Jat, R/o B-172, Indira Nagar, Jhunjhunu Through Power Of Attorney Nirmal Kumar Son Of Shri N.m. Ramchandani, R/o Sanganer, Jaipur.
----Petitioner
Versus
Mukesh Saran Son Of Shri Ratan Prakash Saran, Aged About 35 Years, By Caste Darji, R/o D-82, Indira Nagar, Jhunjhunu (Proprietor Vertex Competition Centre, Jhunjhunu)
----Respondent
For Petitioner(s) : Mr. Dharmendra Pareek, Adv. For Respondent(s) :
HON'BLE MR. JUSTICE ASHOK KUMAR GAUR
Order
09/07/2019
The instant writ petition has been filed by the petitioner seeking a direction against the Rent Tribunal, Jhunjhunu to decide the eviction application within stipulated period by conducting day to day hearing.
Learned counsel for the petitioner submitted that the petitioner is old lady and the matter is subjudice from last three years and as such due to delay in the eviction proceedings, the petitioner is suffering immensely.
Learned counsel submitted that the matter of eviction is required to be decided in expeditious manner and time schedule provided in the Rent Tribunal is also required to be adhered. Learned counsel submitted that in the present case the order-
(2 of 2)
[CW-5720/2019]
sheets of the Court below filed along with writ petition shows that the case has been adjourned on several occasions and the matter is not argued finally.
This Court finds that the eviction application is required to be disposed of expeditiously, however the Court has also to keep in mind the compliance of natural justice and other requirements. This Court is further conscious of the fact that the litigation has increased manifold and as such the Presiding Officers inspite of their best ability, are not able to keep their pace to decide the application as per the time prescribed in the Act.
This Court finds that the eviction application filed by the petitioner needs to be decided expeditiously and endeavour should be made by the Court below to decide the application in expeditious manner.
Accordingly, the present writ petition stands disposed of.
(ASHOK KUMAR GAUR),J
Ashish Kumar /369/101
Smt. Veena Meel
Mukesh Saran
Ashok Kumar Gaur
As recorded by the court registry
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