The Bench disposed of a writ petition challenging the delay in deciding an eviction application by the Rent Tribunal, Ajmer, directing the Tribunal to decide expeditiously.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 8500/2019
Sanjay Hasani Son Of Late Harish Hasani, Aged About 36 Years, By Caste Sindhi, Resident Of Plot No. 22, Sudha Sagar Colony, In Front Of Bhagchand Soni Nagar, Foy Sagar Road, Ajmer.
----Petitioner
Versus
Dilip Kumar Son Of Michurmal, Aged About 46 Years, By Caste Sindhi, Resident Of In Front Of Jatiawas, Below Hotel Ridhi Paradise, Shop- Nala Bazar, District Ajmer.
----Respondent
For Petitioner(s) : Mr. Ashish Saini, Adv. For Respondent(s) :
HON'BLE MR. JUSTICE ASHOK KUMAR GAUR
Order
04/07/2019
The present writ petition has been filed by the petitioner seeking a direction to decide the application No.114/2017 pending before the Rent Tribunal, Ajmer.
Learned counsel has submitted that the application was filed and registered on 22.11.2017 and till date the application of the petitioner has not been decided. Learned counsel has submitted that the Tribunal is required to decide the application in a time bound manner and counsel refers to sub-section (5) of Section 15 of the Rajasthan Rent Control Act, 2001. The order-sheets which have been filed by the petitioner shows that the application was filed on 22.11.2017 and at one point of time the matter was sent to ADR and the matter being not decided by the ADR, the Rent
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[CW-8500/2019]
Tribunal, Ajmer is proceeding in the matter after appropriate opportunity being given to both the sides to file documents, etc.
This Court finds that the application filed by the tenant for eviction of his premise is required to be decided in expeditious manner, however the outer limit which is fixed to decide the application under sub-section (5) of Section 15 cannot be adhered due to several genuine reasons as the large number of cases are pending before the Rent Tribunal and further the requirement of principles of natural justice and other compliance of provisions of the Act, take considerable time to decide the application.
This Court does not find any substance in submission of learned counsel for the petitioner, deems it proper to observe that the Rent Tribunal may decide the application of the petitioner in expeditious manner.
Accordingly, the present writ petition is disposed of.
(ASHOK KUMAR GAUR),J
Ashish Kumar /369/7
Sanjay Hasani
Dilip Kumar
Ashok Kumar Gaur
As recorded by the court registry
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