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2025 DAILYLAW 23609 (RAJ)

MANOJ KUMAR SHARMA SON OF LATE SHRI GANGADHAR @ GAJADHAR SHARMA v. MOHD. ARIF SON OF MOHD. HANEEF

WMAP/318/2025 · 2025-08-01

Anoop Kumar Dhand

body2025

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Writ Miscellaneous Application No. 318/2025 In S.B. Civil Writ Petition No. 8301/2025 Manoj Kumar Sharma Son Of Late Shri Gangadhar @ Gajadhar Sharma, Aged About 59 Years, Resident Of Sindhi Colony, Gangapur City, District Sawai Madhopur. ----Petitioner Versus Mohd. Arif Son Of Mohd. Haneef, Resident Of Near Namner Masjid, Gangapur City, District Sawai Madhopur. ----Respondent For Petitioner(s) : Mr. D.K.Dixit JUSTICE ANOOP KUMAR DHAND Order 01/08/2025 1. The instant miscellaneous application has been submitted by the petitioner seeking modification of the order dated 27.05.2025 passed by this Court while deciding S.B. Civil Writ Petition No.8301/2025. 2. Learned counsel for the petitioner submits that the aforesaid petition was submitted with the limited prayer for issuing a direction to the Rent Tribunal to decide the original rent eviction application within a time frame. 3. Learned counsel for the petitioner further submits that the eviction application was submitted in the month of January, 2022 and the same was lying pending for its adjudication before the Rent Tribunal since last more than three and a half years but this (2 of 3) [WMAP-318/2025] fact could not be noted by this Court and it was observed by this Court in Para No.2 that the application is lying pending since more than 2 years. Counsel submits that considering the above factual aspect of the matter, the aforesaid petition was disposed of by issuing a direction to the Rent Tribunal to decide the Original Application No. 01/2022 expeditiously as early as possible preferably within a period of two years from the date of the receipt of the certified copy of the order. Counsel submits that the rent eviction application is pending since last more than three and a half years. Hence, the period as directed for two years be reduced to the period of one year or one and a half years as the matter is pending for cross-examination of the witnesses. 4. Heard and considered the submissions made at Bar and perused the material available on record. 5. Whatever has been asked by the learned counsel for the petitioner, has already been considered by this Court while deciding his writ petition vide order dated 27.05.2025 and this Court was conscious of the fact that the Original Application No.01/2022 was lying pending for its adjudication since 2022 and considering this fact, the order dated 27.05.2025 was passed by issuing a direction to the Rent Tribunal to decide the rent eviction application within a period of two years but the only error which has occurred is in Para No.2 wherein it is observed is that the application is pending since last more than two years, which would not change the faith of the order. (3 of 3) [WMAP-318/2025] 6. This Court finds no error in the impugned order dated 27.05.2025 passed by this Court, which warrants any correction or modification. 7. Accordingly, the present misc. application stands rejected. (ANOOP KUMAR DHAND),J Ashu/98