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2025 DAILYLAW 17105 (RAJ)

ISRAYIL SON OF REHMAT MEV v. STATE OF RAJASTHAN

CW/6946/2025 · 2025-05-27

Anoop Kumar Dhand

Transfer Petitionbody2025

Judgment text

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[2025:RJ-JP:22296] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 6946/2025 Israyil Son Of Rehmat Mev, Resident Of Village Kutukpur, Post Chirawal, Tehsil Nagar, District Deeg (Bharatpur). ----Petitioner Versus 1. State Of Rajasthan, Through Principal Secretary, Department Of Rural Development And Panchyati Raj, Secretariat, Jaipur. 2. Chief Executive Officer, Zila Parishad, Deeg (Bharatpur). 3. Block Development Officer, Panchayat Samiti, Nagar, District Deeg (Bharatpur). ----Respondents For Petitioner(s) : Mr.Amir Aziz JUSTICE ANOOP KUMAR DHAND Order 27/05/2025 1. By way of filing this writ petition, a challenge has been made to the impugned notice dated 04.12.2024, by which the petitioner has been directed to deposit the arrears of rent, i.e., 48,400/- with interest, in respect of Shop No.22. 2. Learned counsel for the petitioner submits that no arrears of rent are due and that the rent deposit receipts have already been brought into the notice of the authorities concerned. However, despite this, the respondents are attempting to dispossess the petitioner from the rented premises on the pretext that the rent arrears are due, hence, under these circumstances, interference of this Court is warranted. 3. Heard and considered the submissions made at the Bar and perused the material available on the record. [2025:RJ-JP:22296] (2 of 2) [CW-6946/2025] 4. Perusal of the record indicates that a notice has been issued to the petitioner by the authorities, asking him to deposit the arrears of the due rent. The petitioner contends that the rent is not due and the entire arrears has already been paid by the him. This disputed fact cannot be adjudicated by this Court under its inherent jurisdiction contained under Article 226 of the Constitution of India. Till date, no action has been taken against the petitioner; only a notice of demand has been issued for deposit of the due rent. 5. In the considered opinion of this Court, in case, the petitioner has deposited the entire due arrears and hold the corresponding receipts, he may very well file reply to the aforesaid notice, enclosing the receipts of the deposit of rent with the Authorities concerned. The petitioner is directed to submit a reply to the aforesaid notice along-with the receipts in the Office of the respondents within a period of one week from today. The respondents are directed to decide the said reply within a period of four weeks thereafter by passing a reasoned and speaking order. Even if, the petitioner feels aggrieved by any adverse order, he would be at liberty to approach the appropriate forum of law. 6. Accordingly, the instant writ petition stands disposed of. Stay application and all pending application(s), if any, also stand disposed of. 7. For a period of five weeks, no coercive action be taken against the petitioner. (ANOOP KUMAR DHAND),J Aayush Sharma /128