[2025:RJ-JP:42655]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 14716/2025 Tasneem W/o Saifuddin, aged about 58 Years, R/o Mohsin Apartment, Second Floor, Near Neelkanth Mahadev Temple, Retwali, Kota, Rajasthan.

----Petitioner Versus

1. Abdul Salim

2. Nadim

3. Najim Ali

4. Wasim All S/o Abul Naeem, R/o M/s Gauri Tyres, 36, Shopping Center, Kota.

----Respondents For Petitioner(s) : Mr. Carn Bhatnagar For Respondent(s) :

HON'BLE MR. JUSTICE MANEESH SHARMA

Order

17/10/2025

1. The present writ petition has been filed by the petitioner seeking direction to the learned Rent Tribunal to expeditiously dispose of the Rent Application No.132/2019.

2. Learned counsel for the petitioner submits that the petition is pending since 2019 and the petition is at the evidence stage. Therefore, he prays that the disposal of the Rent Application No.132/2019 may be expedited.

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 Rent Application was filed in 2019, and the petition is at the evidence stage.

5. The Hon’ble Apex Court in the case of Sangram Sadashiv Suryavanshi vs. State of Maharashtra¹ while relying upon the 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. Further, this Court is in respectful agreement with the judgment of the High Court of Madras in S. Baby Vs. S.Sakkubai Ammal³, which re-iterated the principle of law laid down in the High Court Bar Association, Allahabad (Supra) where it was held as under:

"12. The practice of giving preference to any litigation without any justification at all circumstances to be avoided. Every litigant approaching the Court of Law is waiting for justice and thus, it must be done in a consistent manner and without discriminating the litigants. Therefore issuing directions indiscriminately for speedy disposal of cases would do no service to the cause of justice. Every urgency cannot be considered for issuing a direction for speedy disposal, and the urgency, which is imminent alone to be considered."

7. In that view of the matter, this Court is not inclined to issue a direction to the learned Rent Tribunal to decide the pending petition within a time-bound manner. The concerned Rent Tribunal

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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; however, it is expected that the learned Rent Tribunal 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-19