BADIUJJAMA KHA S/O NOOR KHA v. SHRILIYAKAT ALI S/O SHAMSHUDDIN
CW/17493/2024 · 2025-05-05
Anoop Kumar Dhand
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 32560 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 32560 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:18862] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 17493/2024 Badiujjama Kha S/o Noor Kha, Aged About 64 Years, R/o H.no. 423, Chokdighat Gate, Balaji Ka Rasta, Jaipur. ----Petitioner Versus
1. Shriliyakat Ali S/o Shamshuddin, Aged About 78 Years, Resident Of Ghat Gate Bazar, Luharonkakurra, Bholu Table Walokigali, House No.408-409, Jaipur. (Deceased During Trial)
2. Shrimatifaruka Begum W/o Lt. Shriliyakat Ali, Aged About 78 Years, Resident Of H.no. 408-409, Luharonkakhurra, Bholu Table Walokigali, Ghat Gate Bazar, Jaipur.
3. Sharafat Ali S/o Lt. Shriliyakat Ali, Aged About 58 Years, Resident Of H.no. 408-409, Luharonkakhurra, Bholu Table Walokigali, Ghat Gate Bazar, Jaipur.
4. Inayat Ali S/o Lt. Shriliyakat Ali, Aged About 48 Years, Resident Of H.no. 408-409, Luharonkakhurra, Bholu Table Walokigali, Ghat Gate Bazar, Jaipur.
5. Zulfakar Ali S/o Lt. Shriliyakat Ali, Aged About 46 Years, Resident Of H.no. 408-409, Luharonkakhurra, Bholu Table Walokigali, Ghat Gate Bazar, Jaipur.
6. Zakir Ali S/o Lt. Shriliyakat Ali, Aged About 44 Years, Resident Of H.no. 408-409, Luharonkakhurra, Bholu Table Walokigali, Ghat Gate Bazar, Jaipur.
7. Badrujamma Kha Babur S/o Noor Kha, Aged About 77 Years, R/o H.no. 423, Chokdighat Gate, Balajika Rasta, Jaipur. ----Respondents For Petitioner(s) : Mr.Yudhisthir Ratnoo for Mr.Kapil Bardhar JUSTICE ANOOP KUMAR DHAND
Order 05/05/2025
[2025:RJ-JP:18862] (2 of 2) [CW-17493/2024]
1. By way of filing this writ petition, a limited prayer has been made by the counsel for the petitioner for issuing direction to the Rent Tribunal, Jaipur Metro, Jaipur to decide the eviction application expeditiously as early as possible within a time frame.
2.
Learned counsel for the petitioner submits that an application under Section 9 of the Rajasthan Rent Control Act, 2001 (hereinafter referred to as “the Act of 2001”) was submitted by the petitioner against the respondent in the year 2016, but in spite of passing of considerable time, till date the said eviction application has not been decided, therefore, appropriate direction be issued.
3.
Learned counsel submits that the age of the petitioner No.1 is more than 78 years, so looking to his advanced age, in the interest of justice, appropriate directions be issued to the Tribunal to decide the application expeditiously, within a time frame.
4. Considering the aforesaid limited prayer of the petitioner and looking to the fact that the rent eviction application is pending before the Rent Tribunal since last more than nine years, i.e., since 2016 and also looking to the advanced age of the petitioner i.e., more than 78 years, this Court deems it just and proper to dispose of this instant writ petition by issuing direction to the Tribunal to decide the application expeditiously, as early as possible, within a period of one and half years from the date of receipt of certified copy of this order.
5. Stay application and all pending applications, if any, also stand disposed of.
(ANOOP KUMAR DHAND),J Aayush Sharma /358