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2025 DAILYLAW 34447 (RAJ)

GIRRAJ GHATIWALA HUF v. RAJESH BHARGAV SON OF LATE SHREE RISHINATH JI BHARGAV

CW/18838/2024 · 2025-08-07

Anoop Kumar Dhand

Criminal Appealbody2025

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 18838/2024 Girraj Ghatiwala Huf, Partaniyon Ka Rasta,johri Bazar, Jaipur Thorugh Its Karta Anil Ghatiwala Son Of Late Shree Girraj Ji Ghatiwala, Resident Of House No. 1557, Krishna Bhawan, Chaura Rasta, Jaipur. ----Petitioner Versus Rajesh Bhargav Son Of Late Shree Rishinath Ji Bhargav, Owner Of Firm Nath Chashmewala (Shop Ke Upper Nath Optician Ka Kaam Likha Hua Hain), Municipal No. 87,88, House No. 1557 Ke Neeche, Krishna Bhawan, Chaura Rasta, Jaipur 302003. ----Respondent For Petitioner(s) : Mr. M.C. Jain For Respondent(s) : JUSTICE ANOOP KUMAR DHAND Order 07/08/2025 1. By way of filing this writ petition, a prayer has been made for issuing directions to the Rent Tribunal, Jaipur Metro-II to decide the case bearing No. 89/2022 filed by the petitioner under Section 9 of the Rajasthan Rent Control Act, 2001 (hereinafter referred to as “the Act of 2001”) within a time frame. 2. Learned counsel for the petitioner submits that the petitioner has filed an application under Section 9 of the Rajasthan Rent Control Act, 2001, in the year 2022, for eviction of the respondent. Learned counsel submits that the same is lying pending for its adjudication, so appropriate directions be issued to the Tribunal to decide the said application expeditiously within a time frame. (2 of 2) [CW-18838/2024] 3. Heard and considered the submissions made at the Bar and perused the material available on the record. 4. The Hon’ble Apex Court in the case of High Court Bar Association, Allahabad Vs. State of Uttar Pradesh, while deciding the Criminal Appeal No.3589/2023 has deprecated the practice of the Courts of issuing directions to the subordinate Courts to decide the matter in a timeline. 5. The aforesaid directions cannot be issued by this Court. But looking to the fact that the eviction application is pending since 2022, it is expected from the Rent Tribunal to make all possible endeavours to decide the eviction application expeditiously. 6. With the aforesaid observations/directions, the instant writ petition stands disposed of. All pending applications, if any, also stand disposed of. (ANOOP KUMAR DHAND),J Ashu/13