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2025 DAILYLAW 30103 (RAJ)

SMT. NEHA BINDAL W/O SHRI LOKESH BINDAL v. RAMPRATAP BHANWARLAL COMPANY

CW/14852/2024 · 2025-05-14

Anoop Kumar Dhand

body2025

Judgment text

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[2025:RJ-JP:20307] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No.14852/2024 Smt. Neha Bindal W/o Shri Lokesh Bindal, Aged About 38 Years, R/o 10/132 (149/16), Purani Mandi, Ajmer. ----Petitioner Versus 1. Rampratap Bhanwarlal Company, Through Its Partner, Smt. Vimla Devi, W/o Shri Surajmal Ji Goyal, Purani Mandi, Ajmer. 2. Smt. Vimla Devi W/o Shri Surajmal Ji Goyal, Partner, Rampratap Bhanwarlal Company, Purani Mandi, Ajmer. 3. Smt. Sulochna Devi W/o Shri Chandraprakash, Partner, Rampratap Bhanwarlal Company, Purani Mandi, Ajmer. ----Respondents For Petitioner(s) : Mr.Veyankatesh Garg JUSTICE ANOOP KUMAR DHAND Order 14/05/2025 1. By way of filing this writ petition, a limited prayer has been made for issuing direction to the Rent Appellate Tribunal, Ajmer to decide the pending appeal expeditiously within a time frame. 2. Learned counsel for the petitioner submits that the eviction application submitted by the petitioner against the respondents under Section 9 of the Rajasthan Rent Control Act, 2001 (for short, “the Act of 2001”) was rejected by the Tribunal, against which an appeal has been preferred by the petitioner before the Appellate Rent Tribunal and the same is lying pending for its adjudication since 2022, but in spite of passing of considerable time, till date, the said appeal has not been decided on its merit, [2025:RJ-JP:20307] (2 of 3) [CW-14852/2024] therefore, appropriate direction be issued to the Appellate Rent Tribunal to decide the appeal expeditiously. 3. Heard and considered the submissions made at the Bar and perused the material available on the record. 4. Perusal of the record indicates that the eviction application submitted by the petitioner against the respondents was rejected by the Rent Tribunal vide order dated 21.10.2022 against which an appeal has been preferred by the petitioner before the Appellate Rent Tribunal and the same is lying pending for its adjudication since 2022. 5. As per Section 19(8) of the Act of 2001, the Appellate Court is expected to decide the appeal within a period of one hundred and eighty days from the date of service of notice upon the other side. 6. In the instant case, the respondent was served long back in January, 2023 and thereafter, several dates have been posted for final arguments, i.e., on 12.01.2023, 02.03.2023, 20.04.2023, 07.06.2023, 27.07.2023, 13.09.2023, 01.11.2023, 03.01.2024, 28.02.2024, 03.04.2024, 23.05.2024, 18.07.2024 & 23.08.2024. The right of speedy and expeditious disposal of the case is one of the most valuable and cherished right of a litigant guaranteed under Article 21 of the Constitution of India. It is an integral and essential part of the fundamental right enshrined under Article 21. In the instant case, more than two years have been passed from the date of service of notice by the petitioner and continuously the matter is deferred from one date to another for final arguments. 7. Considering the above factual aspect of the matter, the instant writ petition stands disposed of by issuing direction to the [2025:RJ-JP:20307] (3 of 3) [CW-14852/2024] Appellate Rent Tribunal to hear and decide the appeal, expeditiously as early as possible, preferably within a period of three months from the date of receipt of certified copy of this order. 8. Stay application and all pending application(s), if any, also stand disposed of. (ANOOP KUMAR DHAND),J Aayush Sharma /56