M/S RAJASTHAN HIGHWAY SERVICES v. DELIGHT FURNITURE
CW/8940/2025 · 2025-08-11
Anoop Kumar Dhand
body2025
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[ 2025 DAILYLAW 20370 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 20370 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 8940/2025 M/s Rajasthan Highway Services, Through Partner Rampratap Singh S/o Lt. Shri Thakur Narayan Singh, Aged About 65 Years, R/o- Diggi House, C-Scheme, Jaipur ----Petitioner Versus
1. Delight Furniture, Through Partner R.k. Bhatia S/o Lt. Shri Gopichand Bhatia, Address- Diggi House, Sawai Ramsingh Highway, C-Scheme, Jaipur.
2. Raju Bhatia Urf Rajeev Bhatia S/o Lt. Shri Gopichand Bhatia, Address- Diggi House, Sawai Ramsingh Highway, C-Scheme, Jaipur. ----Respondents For Petitioner(s) : Mr. Ashrut Sethi Mr. Imran Khan For Respondent(s) :
JUSTICE ANOOP KUMAR DHAND
Order 11/08/2025
1. For a limited prayer, the instant writ petition has been preferred for issuing a direction to the Appellate Rent Tribunal to decide the pending application expeditiously. 2. Counsel for the petitioner submits that the application submitted by the petitioner under Section 9 of the Rajasthan Rent Control Act, 2001 (for short, ‘the Act of 2001’) was allowed by the Rent Tribunal No. 1 Jaipur Metropolitan vide order dated 22.03.2023 and the order of eviction has been passed, against which a statutory appeal has been preferred by the respondent before the Rent Appellate Tribunal and the same is lying pending since April, 2023. Counsel submits that more than two years have
(2 of 3) [CW-8940/2025] passed but till date, the appeal has not been decided by the Appellate Tribunal and every time, the case has been deferred for one reason to another, so appropriate direction be issued to the Appellate Tribunal to decide the appeal expeditiously. 3. Heard and considered the submissions made at Bar and perused the material available on record. 4. This fact is not in dispute that the eviction application submitted by the petitioner against the respondents under Section 9 of the Act of 2001 was filed in the year 2019 and the same was allowed in the year 2023 i.e. on 22.03.2023 and against which an appeal has been preferred, before the Appellate Tribunal, by the respondents in the year 2023 and the same is lying pending for adjudication for last more than two years. 5. As per Section 19(8) of the Act of 2001, the Appellate Tribunal is supposed to dispose of the appeal within a period of 180 days from the date of service of notice upon the other side. In the instant case, a period of more than 180 days has already been lapsed and the appeal against the order dated 22.03.2023 is still pending for its adjudication on merits. 6. Appeals under the Act of 2001 are required to be decided expeditiously. The legal framework under the Act of 2001 emphasizes the need for prompt resolution of these appeals. This ensures timely justice for landlords and tenants and curbs the prolonged uncertainty associated with the decision and final outcome of the appeal. 7.
Though, timeline has been specified under the Act of 2001 for expeditious disposal of the appeal within 180 days of service of notice upon the other side, still the appeals are not decided
(3 of 3) [CW-8940/2025] expeditiously and deferred by the Appellate Tribunals from one date to other for indefinite time. Delays caused by the Appellate Tribunals have been criticized by this Court on many occasions by issuing directions for expeditious disposal of the appeals. 8. The need for prompt decision in rent control appeals stems from the nature of the cases, which often involve issues like eviction and rent disputes. Prolonged delays can cause significant hardship to both the land lords and tenants. 9. Right of speedy and expeditious disposal of the case and the appeal is one of the most valuable and cherished right of the litigant guaranteed under Article 21 of the Constitution of India. It is an integral and essential part of the fundamental right of life and liberty, enshrined under Article 21. 10. Considering the above factual aspect of the matter and looking to the fact that the appeal is pending before the Appellate Rent Tribunal since 2023, it is expected from the Appellate Tribunal to make all possible endeavours to decide the appeal expeditiously preferably within a period of three months from the date of receipt of the certified copy of this order. 11. The present writ petition stands disposed of, accordingly. Stay application and all pending application(s), if any, also stand
disposed of.
(ANOOP KUMAR DHAND),J Ashu/38