Rajasthan High Court - Jaipur
Ramavatar Sharma Son Of Late Sh. ... vs Jyoti Punj Shiksha Samiti on 3 January, 2020
Author: Prakash Gupta
Bench: Prakash Gupta
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 21851/2019
Ramavatar Sharma Son Of Late Sh. Hukamichand Sharma, By
Caste Brahmin, R/o Rajawas, Sikar Road, Jaipur, Rajasthan. At
Present K.sai. Trading Company, 2/814, Sai Kripa, Karnatak
Bank Ke Aage, Opposite Gujarat Samachar Udhana Darwaja,
Ring Road, Surat, Gujarat.
----Petitioner
Versus
1. Jyoti Punj Shiksha Samiti, Through Mantri Smt. Sarita
Sharma, R/o 21, South Colony, Niwaru Road, Jhotwara,
Jaipur.
2. Jyoti Punj Modern Senior Secondary School, R/o 21,
South Colony, Niwaru Road, Jhotwara, Jaipur, Through
Director Smt. Sarita Sharma.
----Respondents
For Petitioner(s) : Mr. Achintya Kaushik For Respondent(s) :
HON'BLE MR. JUSTICE PRAKASH GUPTA Order 03/01/2020 Instant writ petition under Article 227 of the Constitution of India has been filed with the prayer to direct the Rent Tribunal, Jaipur Metropolitan, Jaipur for early disposal of the original application No.469/2018, (Ramavatar Vs. Jyoti Punj Shiksha Samiti & Another) filed under the provisions of Rajasthan Rent Control Act, 2001 (hereinafter referred to as `the Act of 2001').
Learned counsel for the petitioner submits that the petitioner filed application under Section 9 of the "Act of 2001" on (Downloaded on 07/01/2020 at 08:55:41 PM) (2 of 2) [CW-21851/2019]
02.06.2018. Learned counsel further submitted that the "Act of 2001" provides for disposal of eviction petition within 240 days from the service of notice on the opposite party yet the adjournments are being granted by the Tribunal without just cause which is detrimental to the petitioner's right. Learned counsel has also referred Section 21(4) of the "Act of 2001", which is reproduced as under:-
"21(4) Rent Tribunal shall not grant any adjournment without written application and recording the reasons therefor in writing."
Having regard to the submissions made by the learned counsel for the petitioner and after perusal of the material available on record as also the provisions of the 'Act of 2001', this Court finds that the prayer sought for is reasonable. The Rent Tribunal, Jaipur Metropolitan, Jaipur is, therefore, directed to decide the original application filed by the petitioner expeditiously but not later than nine months from the date of receipt of certified copy of this order.
The writ petition is allowed accordingly.
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