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2025 DAILYLAW 37399 (RAJ)

SOHAN LAL PALIWAL S/O SHRI ONKARLAL PALIWAL v. RAJENDRA MALOO S/O SHRI GIRDHARI LAL MALOO

WMAP/374/2025 · 2025-12-10

Anoop Kumar Dhand

body2025

Judgment text

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[2025:RJ-JP:50286] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Writ Miscellaneous Application No. 374/2025 in S.B. Civil Writ Petition No.5745/2024 1. Sohan Lal Paliwal S/o Shri Onkarlal Paliwal, Aged About 72 Years, R/o Plot Number-1627, Bhatton Ki Gali, Dhabhai Ji Ka Khurra, Jaipur.(Since Deceased). 1/1. Abhishek Paliwal S/o Late Shri Sohan Lal Paliwal, Aged About 42 Years, R/o Plot Number- 1627, Brijha Marg Bhatton Ki Gali, Paliwalo Ka Chowk, Jaipur. ----Petitioners Versus Rajendra Maloo S/o Shri Girdhari Lal Maloo, R/o Plot No. 621, Adarsh Nagar, Near By Bees Dukaan, Jaipur 302004. Rented Premises Address- House No. 91, Bhatton Ki Gali, Hathi Walo Ki Gali, Opposite To Old Vidhan Sabha, Jaipur. ----Respondent For Petitioner(s) : Mr.Amit Puri with Mr.Ananth Shankar Sharma Mr.Nishant Sharma For Respondent(s) : JUSTICE ANOOP KUMAR DHAND Order 10/12/2025 1. By way of filing the instant misc. application, a prayer has been made for clarifying the typographical error in the order dated 03.07.2025 passed by this Court while deciding S.B. Civil Writ Petition No.5745/2024 submitted by the petitioners seeking direction for the Rent Tribunal, Jaipur Metropolitan-II to decide the pending rent eviction application within a time frame. 2. Learned counsel for the petitioners submits that while deciding the aforesaid writ petition on 03.07.2025, this Court [2025:RJ-JP:50286] (2 of 2) [WMAP-374/2025] directed the Tribunal to decide the pending rent eviction application within a period of 240 days, but inadvertently, the word ‘expeditiously’ has been typed. Counsel submits that the aforesaid error has occurred during typing and the aforesaid mistake may kindly be rectified and appropriate direction be issued to the Rent Tribunal to decide the pending application within a period of 240 days. 3. Heard and considered the submissions made at the Bar and perused the material available on record. 4. Perusal of the order dated 03.07.2025 clearly indicates that the writ petition submitted by the petitioners for the aforesaid purpose was disposed of by this Court with a clear and specific expectation from the Rent Tribunal to make all possible endeavours to decide the pending eviction application expeditiously. This Court has not fixed any timeline for the Rent Tribunal to decide the pending application within a stipulated/ fixed time, in the light of the judgment passed by 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, as the Hon’ble Apex Court has deprecated the practice of the Constitutional Courts to issue directions to the Sub-ordinate Courts to decide the matters in a fixed time frame. 5. The instant misc. application is highly misconceived, hence, the same is hereby rejected. (ANOOP KUMAR DHAND),J Aayush Sharma /170