RAJEEV PARASHAR Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2014-12-23
HIGH COURT OF RAJASTHAN
Decided on December 05,2014

Rajeev Parashar Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

J.K.RANKA, J. - (1.) WE have learned learned counsel appearing for the appellant.
(2.) BY this Special Appeal, the petitioner has challenged the judgment of learned Single Judge, by which he has dismissed the writ petition on the ground that the dispute involved in the case is between the petitioner -tenant and the Bar Association, Ajmer -landlord, which had let out the shop. The petitioner had based his claim on an agreement, and thus the remedy of the writ petition is not available to the petitioner. He may approach the Civil Court by way of filing a civil suit to resolve the dispute, or avail any other remedy available in law.
(3.) THE shop is not situated in the premises of the District Court, Ajmer. It is situated at a distance in the premises of Family Court, in which the Motor Accident Claims Tribunal is also situated. It is alleged that the premises were allotted by the Divisional Commissioner, Ajmer to the Bar Association, Ajmer on 19.04.2003 along with a generator cum switch room, to provide services of photostat and fax. The Divisional Commissioner had directed the Bar Association to contact the Collector, Ajmer and obtain his permission, to occupy the shop, and/or to let it out on rent. Prima facie, the Bar Association, Ajmer did not have any right to let out the premises, as the Bar Association is not the owner, nor was it permitted, or could be allowed to give it on rent. The petitioner -tenant and the Bar Association, Ajmer appears to have entered into an illegal and unauthorised agreement on 01.08.2003, in which there is an arbitration clause.;


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