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2023 Supreme(Raj) 1102

PUSHPENDRA SINGH BHATI
Rajasthan Board Of Muslim Wakf, Through Chief Executive Officer – Appellant
Versus
Mohd Hussain, S/o. Shri Mohammad – Respondent


Advocates Appeared:
For the Petitioner: Mr. Jitendra Chopra, Mr. Muktesh Maheshwari a/w Mr. Aidan Choudhary & Mr. Yuvraj Singh.
For the Respondents: Mr. Ashok Patel a/w Mr. K.S. Solanki.

JUDGMENT :

1. Since both the instant petitions involve a common controversy, though with marginal variation in the contextual facts, therefore, for the purposes of the present analogous adjudication, the facts and the prayer clauses are being taken from the above-numbered S.B. Civil Writ Petition No.6626/2023, while treating the same as a lead case.

1.1. However, the prayer clauses of both the instant petitions are reproduced as hereunder:

CW No.11533/2023:

    “It is therefore, most humbly prayed that this Writ petition may kindly be allowed. By an appropriate writ order or direction:

(i) The judgement dated 21.02.2023 passed by Appellate Rent Tribunal, Jodhpur in Rent Appeal no 4/2023 N.C.V. No (4/2023) (Mohamad Hussain v/s Noor Mohd. & Ors) may kindly be declared illegal and the same may be quashed and set aside.

(ii) Costs may kindly be also awarded.

(iii) Any other writ or direction that may be deemed fit, just and proper may kindly be issued in favour of the petitioners.”

CW No.6626/2023:

    “It is, therefore, most respectfully prayed on behalf of the Petitioner that this Writ Petition may kindly be allowed and:

I. By an appropriate writ, order or direction, the Impugned Judgment & Ce

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