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Section 19: Penalties

Haryana Urban (Control of Rent and Eviction) Act, 1973 • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1973
Section 18 All 24 Sections of Haryana Urban (Control of Rent and Eviction) Act, 1973 Section 20

Legal Commentary & Landmark Judgments: Section 19

Section 19 regulates the institutional distribution and allocation of rent litigation where multiple Rent Controllers are appointed at the same station, designating an authorized Controller to receive applications and assign judicial business.

  • Administrative Roster and Authorized Controller Gateway: Mandates that where two or more Controllers are appointed at the same station, all applications under the Act must initially be presented to the Controller authorized by the Appellate Authority.
  • Discretion to Dispose or Transfer: Empowers the authorized Controller either to retain and dispose of the application on their own board or transfer it for disposal to any other competent Controller stationed at that place.
  • Administrative Nature of Allocation Orders: Operates as a ministerial and administrative mechanism for the equal distribution of judicial workload, dispensing with the necessity of an adversarial hearing prior to transfer.
Key Landmark Precedents:
  • Khem Chand v. District Judge, Ambala, 1981 (1) RCR (Rent) 678 (P&H): Held that Section 19 provides the statutory distribution of judicial business where multiple Sub-Judges are designated as Rent Controllers; presentation to the authorized Controller is a valid institution that cures any jurisdictional defect.
  • Gokal Chand v. Jagdish Parshad, 1985 (2) RCR (Rent) 321 (P&H): Held that the authorized Rent Controller acts as the administrative head for receiving petitions and transferring them; an order transferring a petition to another Rent Controller at the same station is an administrative order not requiring a formal hearing.
  • Suraj Bhan v. Smt. Bimla Devi, 1993 (1) RCR (Rent) 112 (P&H): Held that once a matter is transferred by the authorized Controller under Section 19, the transferee Controller acquires full statutory competence to adjudicate the petition under Section 13 or other provisions of the Act.
Courtroom Practice & Strategic Litigation Guidance:

Always check the current district distribution order issued by the District Judge or Appellate Authority before filing an eviction petition. Present the petition directly before the authorized Rent Controller (usually the Senior Sub-Judge or Civil Judge Senior Division). If the authorized Controller marks the case to a co-ordinate Sub-Judge, ensure the transfer endorsement is entered in the order sheet.

Section 18 All 24 Sections of Haryana Urban (Control of Rent and Eviction) Act, 1973 Section 20