[2025:RJ-JP:17614]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No.5594/2025 Avinash Kumbhaj Son Of Shri Shridhar Kumbhaj, Aged About 51 Years, Resident Of House No. 999, Rani Sati Nagar, Nirman Nagar, Jaipur, Rajasthan And Avinash Kumbhaj, E-273, Nakul Path, Lal Kothi, Jaipur, Rajasthan.

----Petitioner Versus

1. Station House Officer, Police Station Bindayaka, Jaipur

2. Dy. Commissioner Of Police (West), Jaipur.

3. Commissioner Of Police, Jaipur

4. Smt. Lalita Kuchchal Wife Of Shri Amit Kuchchal, Aged About 51 Years, Resident Of Flat No. C-1301, 13Th Floor, Rosewood Apartment, Ground Housing, Plot/khasra No.

646, Village Sirsi, Sirsi Road, Jaipur, Rajasthan.

----Respondents For Petitioner(s) : Mr. J.P. Goyal, Senior Advocate assisted by Mr. Peush Nag For Respondent(s) : Mr. Bhuwnesh Sharma, AAG Mr. Kartikeya Sharma JUSTICE ANOOP KUMAR DHAND

Order

25/04/2025

1. The instant writ petition has been preferred with the following prayer:-

“It is therefore, most humbly prayed that your Lordships may graciously be pleased to admit and allow this writ petition and the respondents police authorities may kindly be directed to provide the police protection immediately in the execution case no.87/2022 titled as Avinash Kumbhaj Versus Smt. Lalita Kuchchal so that the execution of the judgment and decree dated 26.04.2022 passed by Rent Tribunal, Jaipur-I in rent application no. 130/2020 titled as Avinash Kumbhaj vs.

Smt. Lalita Kuchchal may be completed.

Any other order of directions which this Hon’ble Court may deem fit and proper also be passed in favor of the petitioner.”

2. By way of filing this writ petition, the petitioner is seeking directions against the police authorities for providing police assistance for execution of the judgment and decree dated

26.04.2022 passed by the Rent Tribunal, Jaipur.

3. Learned counsel for the petitioner submits that application filed by the petitioner under Section 9 of the Rajasthan Rent Control Act, 2001 (hereinafter referred to as “the Act of 2001”) against the respondents was allowed vide order dated 26.04.2022 and the respondent was directed to vacate the said premises.

4. Learned counsel for the petitioner submits that the judgment and decree dated 26.04.2022 has been passed ex parte by the Rent Tribunal and, thereafter, the respondent-tenant has filed an application under Order 3 Rule 13 CPC for setting aside the ex parte decree, which came to be dismissed by the Rent Tribunal vide order dated 07.02.2024.

5. Learned counsel submits that against the judgment and decree dated 26.04.2022, the respondent preferred an appeal before the Rent Appellate Tribunal, which came to be allowed by the Rent Appellate Tribunal on 08.01.2025 and the judgment and decree dated 07.02.2024 was quashed and set-aside on the condition that the respondent will deposit the due arrears of rent and continue to pay the rent of Rs.15,000/- per month to the petitioner within a period of one month from the date of passing of the order.

6. Learned counsel submits that the order dated 08.01.2025 passed by Rent Appellate Tribunal has not been complied with by the respondent within the above stipulated time, as fixed by the Rent Appellate Tribunal and even then till date the said order has not been complied with. Hence, under these circumstances, the execution application was submitted before the Executing Court in the year 2022, wherein an order was passed on 29.05.2024 by the Executing Court directing the Police to provide police assistance to the petitioner for getting the possession of the premises in question. Learned counsel submits that the aforesaid order was passed in the month of May, 2024 and till date no police assistance has been provided. Learned counsel submits that even explanation has been called upon from the concerned officer of the police on 01.10.2024 seeking reasons for not providing police assistance but inspite of above nothing has been done by the police authorities. Learned counsel submits t