HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
Maneesh Sharma, J
SMT. BARKHA GARG WIFE OF ALOK GARG – Appellant
Versus
SHAYAR MAL SON OF GORDHAN RAM – Respondent
S.B. Civil Writ Petition No. 8113/2026
| Table of Content |
|---|
| 1. petitioner seeks expedited disposal of an eviction petition pending before the rent tribunal. (Para 1 , 2) |
| 2. constitutional courts should avoid fixing time-bound schedules for subordinate courts to maintain judicial discretion. (Para 3 , 4 , 5) |
| 3. the rent tribunal is directed to regulate its own procedure for effective and expeditious disposal without unnecessary adjournments. (Para 6 , 7 , 8) |
Order
1. The present writ petition has been filed by the petitioner seeking direction to the learned Rent Tribunal No.1, Jaipur Metropolitan-I to expeditiously dispose of the Eviction Petition No.58/2025.
2. Learned counsel for the petitioner submits that the Eviction Petition No.58/2025 has been pending since 2025, and the service upon the defendant is complete. He, therefore, prays that the disposal of the said eviction petition may kindly be expedited, preferably within a period of six months.
3. Heard and considered the submissions made by learned counsel for the petitioner and perused the material available on record.
4. The Hon’ble Apex Court in the case of Sangram Sadashiv Suryavanshi vs. State of Maharashtra12024 SCC OnLine SC 3526 while relying upon the constitutional Bench judgment of the Hon’ble Supreme Court in High Court Bar Association, Allahabad vs. State of U.P. 22024 INSC 150, has deprecated the practice of Courts issuing directions to 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;"
5. In that view of the matter, this Court is not inclined to accept the argument advanced by learned counsel for the petitioner to issue a direction to the learned Rent Tribunal to decide the pending Eviction Petition No.58/2025 expeditiously/within a time frame.
6. However, the learned 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 as soon as possible; while considering the year of institution, age of the parties concerned as well as the nature of the pleadings of the case; at the same time, it is expected that the learned Rent Tribunal will not entertain unnecessary and unwarranted requests for adjournment, while considering the fact that the Eviction Petition No.58/2025 is pending since 01.03.2025 and that the interim application under Section 19-A of the Rajasthan Rent Control Act, 2001, is pending since 07.02.2026.
7. With the aforesaid direction, the present civil writ petition is disposed of.
8. All pending application(s), if any, shall stand disposed of.
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