Research › Search › Judgment

High Court of Rajasthan · body

2025 DAILYLAW 48658 (RAJ)

SANATAN DHARAM SABHA v. ASHOK KUMAR SON OF SHRI LEKHRAM

CW/17848/2025 · 2025-11-21

Maneesh Sharma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:47199] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 17848/2025 Sanatan Dharam Sabha, A Registered Institution, Shahpura Mohalla, Beawar, District Ajmer through its President & Authorised Signatory - Shri Pradeep Rathi S/o late Shri Gokuldas Rathi, aged 71 Years, R/o "Rathi Mansion", Shahpura Mohalla, Beawar, District Ajmer. ----Petitioner Versus Ashok Kumar S/o Shri Lekhram, R/o 1/4, Shahpura Mohalla, Beawar, District Ajmer. ----Respondent For Petitioner(s) : Mr. Ashish Kishore Saksena For Respondent(s) : HON'BLE MR. JUSTICE MANEESH SHARMA Order 21/11/2025 1. The present writ petition has been filed by the petitioner with a prayer for expeditious disposal of the Rent Appeal No.81/2024 (798/2024) titled 'Sanatan Dharam Sabha Vs. Ashok Kumar'. 2. Learned counsel for the petitioner submits that the rent appeal was filed under Sections 17 & 19 of the Rajasthan Rent Control Act, 2001 in the year 2024, and the said appeal has been pending at the stage of final arguments. Therefore, he prays that the disposal of the Rent Appeal No.81/2024 (798/2024) may kindly be expedited and disposed of within a period of six months. 3. Heard and considered the submissions made at bar and perused the material available on record. 4. From a bare perusal of the order-sheets, it is reflected that the petitioner's appeal was filed in 2024, and the same is pending at the stage of final arguments. 5. The Hon’ble Apex Court in the case of Sangram Sadashiv Suryavanshi vs. State of Maharashtra1 while relying upon the 1 2024 SCC OnLine SC 3526 [2025:RJ-JP:47199] (2 of 2) [CW-17848/2025] constitutional Bench judgment of the Hon’ble Supreme Court in High Court Bar Association, Allahabad vs. State of U.P.2, has deprecated the practice of the Courts issuing directions to the subordinate Courts to decide the matter within a timeline, the relevant extract of para 47.3 of High Court Bar Association, Allahabad (Supra) is reproduced as under: “47.3. Constitutional courts, in the ordinary course, should refrain from fixing a time-bound schedule for the disposal of cases pending before any other courts. Constitutional courts may issue directions for the time- bound disposal of cases only in exceptional circumstances. The issue of prioritising the disposal of cases should be best left to the decision of the courts concerned where the cases are pending;" 6. In that view of the matter, this Court is not inclined to issue a direction to the learned Appellate Rent Tribunal to decide the pending Rent Appeal No.81/2024 (798/2024) within a time-bound manner. 7. But at the same time, the learned Appellate Rent Tribunal is expected to regulate its own procedure in respect of the cases on board for effective disposal and to ensure that the cases are disposed of expeditiously within a reasonable period of time; while doing so, it is also expected from the learned Appellate Rent Tribunal that they will not entertain unnecessary and unwarranted requests for adjournment. 8. With the aforesaid direction, the present civil writ petition is disposed of. 9. All pending application(s), if any, shall stand disposed of. (MANEESH SHARMA),J DEEPA-28 2 2024 INSC 150