JUDGEMENT
VINIT KUMAR MATHUR,J. -
(1.) Mr. Devesh Sharma, petitioner present in person and submits that the present writ petition may be disposed of in the light of the order passed by this Court in a bunch of writ petitions led by S.B. Civil Writ Petition No.6773/2018 decided on 18.05.2018.
(2.) The order passed by this Court in the aforesaid writ petition along with connected matters reads as under:
"All the above mentioned writ petitions shall stand decided by this common order as the issue involved is identical.
Two fold prayers have been made in these writ petitions.
The first prayer is for quashing of the order dated 01.05.2018 passed by the Rent Tribunal, Jodhpur Metropolitan vide which the written statement of the respondent - tenants have been ordered to be taken on record. The second prayer is for expeditious trial of the eviction petitions within a time frame.
While praying for setting aside the order dated 01.05.2018, learned counsel for the petitioner submitted that as per sub-Section (3) of Section 15 of the Rent Control Act, 2001, a tenant is required to submit his reply, affidavits and documents within 45 days of the service of notice. Whereas, the respondent - tenants did file the reply even after more than 300 days of receipt of the notice. The same was allowed only on the ground that mother of the respondent - tenant was unwell during the said period. The same reason was given by each of the respondent - tenants in all 7 eviction petitions filed by the petitioner. Obviously, the said excuse is false on the face of it and should have been accepted.
Although, there is merit in the argument so raised by the learned counsel for the petitioner but still, in the interest of justice, this Court does deem it proper to interfere in the order impugned.
However, in view of the above facts, the petitioner is definitely entitled for the grant of second prayer i.e. for early disposal of the eviction petitions as per Section 15(5) of the Rent Control Act, 2001. Section 15(5) of the Act of 2001 which reads as under :
"15. Procedure for eviction of tenant.- (1) The landlord or any person claiming possession shall file a petition before the Rent Tribunal and such petition shall be accompanied by affidavits and documents, if any upon which landlord or person claiming possession wants to rely.
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(5) The Rent Tribunal shall thereafter fix a date of hearing which shall not be later than one hundred and eighty days from the date of service of notice on the tenant. The petition shall be disposed of within a period of two hundred and forty days from the date of service of notice on the tenant."
In view of the above, the present writ petitions are disposed of with a direction to the Rent Tribunal, Jodhpur Metropolitan to decide the eviction petitions as expeditiously as possible preferably within six months of the next date fixed before it."
(3.) Since the issue raised in the present writ petition is identical to the issue involved in the aforesaid writ petitions which have been decided by this Court, the present writ petition is also disposed of in the same light and in the same terms. Petition Disposed of.;
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