High CourtsSingle Bench(2021) 02 RAJ CK 0167

Kailash Chand Khandelwal vs Rajkumar Pipara

Rajasthan High Court · Decided on 22 February 2021

HON’BLE JUDGES
Prakash Gupta, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No. 2263 Of 2020

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Judgment

12 paragraphs · 242 words

Instant writ petition under Article 227 of the Constitution of India has been filed with the prayer to direct the Rent Tribunal, Ajmer for early disposal of

the original application bearing No.80/2016 titled 'Kailash Chand Khandelwal Vs. Rajkumar Pipara' 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 in June, 2016 filed eviction application under Section 9 of the Act of 2001. 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 interest. 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 therefore in writing.

Having regard to 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, Ajmer 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 stands disposed of accordingly.