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2025 DAILYLAW 13925 (RAJ)

SOHAN LAL PALIWAL S/O SHRI ONKARLAL PALIWAL (SINCE DECEASED) v. RAJENDRA MALOO S/O SHRI GIRDHARI LAL MALOO

CW/5745/2024 · 2025-07-03

Anoop Kumar Dhand

Criminal Appealbody2025

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No.5745/2024 1. Sohan Lal Paliwal S/o Shri Onkarlal Paliwal (Since Deceased), Aged About 72 Years, R/o Plot Number-1627, Bhatton Ki Gali, Dhabhai Ji Ka Khurra, Jaipur.(Since Deceased). 1/1. Abhishek Paliwal S/o Late Shri Sohan Lal Paliwal, Aged About 42 Years, R/o Plot Number - 1627, Brijha Marg Bhatton Ki Gali, Paliwalo Ka Chowk , Jaipur.. ----Petitioners Versus Rajendra Maloo S/o Shri Girdhari Lal Maloo, R/o Plot No. 621, Adarsh Nagar, Near By Bees Dukaan, Jaipur-302004. Rented Premises Address - House No. 91, Bhatton Ki Gali, Hathi Walo Ki Gali, Opposite To Old Vidhan Sabha Jaipur. ----Respondent For Petitioner(s) : Mr. Nishant Sharma Mr. Fouji Chawla JUSTICE ANOOP KUMAR DHAND Order 03/07/2025 1. By way of filing this writ petition, a prayer has been made for issuing directions to the Rent Tribunal, Jaipur Metropolitan-II to decide the eviction application No.145/2020 filed by the petitioner under Section 9 of the Rajasthan Rent Control Act, 2001 (hereinafter referred to as “the Act of 2001”) within a time frame. 2. Learned counsel for the petitioner submits that the petitioner has filed an application under Section 9 of the Rajasthan Rent Control Act, 2001, in the year 2020, for eviction of the respondent. Learned counsel submits that the said application is lying pending for its adjudication since last more than five years, (2 of 2) [CW-5745/2024] so appropriate directions be issued to the Tribunal to decide the said application expeditiously within a time frame. 3. Heard and considered the submissions made at the Bar and perused the material available on the record. 4. The Hon’ble Apex Court in the case of High Court Bar Association, Allahabad Vs. State of Uttar Pradesh, while deciding the Criminal Appeal No.3589/2023 has deprecated the practice of the Courts of issuing directions to the subordinate Courts to decide the matter in a timeline. 5. The aforesaid directions cannot be issued by this Court. But looking to the fact that the eviction application is pending since 2020, it is expected from the Rent Tribunal to make all possible endeavours to decide the eviction application expeditiously. 6. With the aforesaid observations/directions, the instant writ petition stands disposed of. All pending applications, if any, also stand disposed of. (ANOOP KUMAR DHAND),J Karan/30