The High Court held that it cannot grant directions for expeditious disposal of a suit pending before a Rent Tribunal without considering the Tribunal's pendency or work allocation. The writ petition questioning the delay was found not maintainable and was dismissed.
The writ petition was dismissed as not maintainable. The stay application was also dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ Petition No. 6501/2019
Virendra Singh S/o Lt. Bahadur Singh Ji, Aged About 67 Years, By Caste Rajput, R/o Tank House, Circuit House Road, Ratanada, Jodhpur.
----Petitioner
Versus
Ankur Kumar S/o Shri Mohan Lal Ji, By Caste Garg, R/o Bhavna Amporium, Tank House, Circuit House Road, Ratanada, Jodhpur.
----Respondent
For Petitioner(s)
: Mr. Praveen Singh Rathore.
JUSTICE DINESH MEHTA
Order
18/07/2019
The present writ petition has been filed with the following
prayer :
“It is, therefore, prayed that record of the case No.72/2016 titled as Virendra Singh Vs. Ankur Kumar pending before Rent Tribunal Jodhpur Metropolitan, Jodhpur may kindly be called for and after examining the same this Hon’ble Court by an appropriate writ, order or direction direct the Tribunal to hear and decide the eviction petition within 6 months. It is further prayed that the tribunal be directed to adhere to the mandate of the statutory time limit. Any other writ, order or direction which this Hon’ble Court thinks fit in the interest of justice may kindly be passed in favour of petitioner.”
In considered opinion of this Court, no direction for expeditious disposal of the suit can be granted, without taking into
(2 of 2)
[CW-6501/2019]
account the pendency or work allocation of the concerned Tribunal.
The petitioner may however file appropriate application for early disposal of the suit before the concerned Court.
The writ petition being not maintainable, is, hereby, dismissed.
The stay application No.6383/2019 is also dismissed.
(DINESH MEHTA),J
26-A.Arora/-
2 issues framed by the court
Whether the High Court can direct a Rent Tribunal to decide an eviction petition within a specified time limit.
Whether a writ petition is maintainable for directing expeditious disposal of a suit pending before a Rent Tribunal without considering tribunal work allocation.
Virendra Singh S/o Lt. Bahadur Singh Ji
Ankur Kumar S/o Shri Mohan Lal Ji
DINESH MEHTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
