The central legal point established in the judgment is the requirement of the Presiding Officer of the Appellate Rent Tribunal to have not less than three years of experience as mandated by Section 19(4) of the Rajasthan Rent Control Act, 2001.

ORDER :

1. The present writ petition has been filed with the following prayer:-

“It is, therefore, most respectfully prayed that this writ petition may kindly be allowed with costs and by issuing an appropriate writ, order or direction the impugne order dated 22.11.2021 (Annex.-2) may kindly be quashed and set aside.”

2. Brief facts of the case are that the petitioner filed an application under Section 6 and 9 of the Rajasthan Rent Control Act, 2001 (hereinafter referred to as the Act of 2001) before the learned Rent Tribunal, Bhilwara for eviction of the respondent from the property in question. The said application was allowed vide judgment and certificate of eviction dated 12.01.2021. Against the said judgment dated 12.01.2021, the respondent preferred an appeal before the Rent Appellate Tribunal, Bhilwara which was registered as appeal No.11/21 on 22.03.2021. On the same date, the petitioner had given appearance before the learned Tribunal and also submitted his written arguments and the next date was fixed as 05.05.2021. Because of Covid-19, the appeal was not heard on 05.05.2021 and it was listed for arguments on 13.07.2021. On that day, the learned District Judge Bhilwara adjourned the appeal for final arguments on 09.09.2021 and thereafter it was further adjourned for 26.10.2021. On 26.10.2021, the next date was fixed as 18.12.2021. Thereafter, an application was moved by the respondent on 09.11.2021 for early hearing upon which the notices of the application were issued and the appeal was fixed for 15.11.2021. On 15.11.2021, the Presiding Office was on leave and hence the appeal was adjourned to 22.11.2021. On 22.11.2021, the learned District Judge stayed the effect, operation and execution of the judgment and certificate of eviction dated 12.01.2021 while disposing of the early hearing application. Thereafter, the next date was fixed as 18.12.2021 for final arguments on appeal. On 15.11.2021, the learned District Judge was on leave and hence the appeal was listed before the Addl. District Judge No.2, Bhilwara. The learned District Judge, who was the Presiding Officer of the Appellate Tribunal was on leave on 15.11.2021 which is evident from the order-sheet dated 15.11.2021. Due to the fact that Presiding Officer was on leave on 15.11.2021, the case was adjourned to 22.11.2021 on the application for early listing. On 22.11.2021, the learned District Judge was on leave and thus, the matter was placed before the Addl. District Judge No.2, Bhilwara. However, on that day, the Addl. District Judge No.2, Bhilwara granted interim order in favor of the respondent while staying the effect and operation of the judgment dated 12.01.2021 which is contrary to the provisions of Section 19(4) of the Rajasthan Rent Control Act, 2001. The petitioner being aggrieved of the same, preferred the present writ petition.

3. Learned counsel for the petitioner submits that on 15.11.2021, the matter was placed before the learned Addl. District Judge No.2, Bhilwara for the reason that the learned District Judge was on leave and the appeal was adjourned to 22.11.2021. However, on 22.11.2021, again learned District Judge was on leave but the matter was argued on stay application and the interim order was granted while staying the effect and operation of the order dated 12.01.2021 which is contrary to the provision of the law as laid down under Section 19(4) of the Act of 2001. The relevant portion of the Section 19(4) of the Act of 2001 is reproduced hereunder:-

19. Appellate Rent Tribunal, Appeals and limitation thereof.-

(1) …….

(2) …….

(3)…….

(4) No person shall be eligible to be appointed as Presiding Officer of the Appellate Rent Tribunal unless he is a member of the District judge cadre Service having not less than three years experience as such.

4. Learned counsel for the petitioner submits that as per the provision of Section 19(4) of the Act of 2001, the Presiding Officer is required to have an experience of not less than three years but, in the