1 2025:CGHC:32205 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3359 of 2025 1 - Shajda Parveen W/o Sajid Beg Aged About 46 Years R/o Mainpur, Police Station And Tahsil Mainpur, District Gariyaband, Chhattisgarh. ... Petitioner(s) versus 1 - Ahmad Beg S/o Imam Beg Aged About 70 Years R/o Mainpur, Police Station And Tahsil Mainpur, District Gariyaband, Chhattisgarh. 2 - The Sub Divisional Officer (Revenue) Cum Rent Control Officer Mainpur, District Gariyaband, Chhattisgarh. 3 - The Collector Gariyaband District Gariyaband, Chhattisgarh. 4 - The Tahsildar Tahsil Mainpur, District Gariyaband, Chhattisgarh. ... Respondent(s) For Petitioner(s) : Mohd. Afroz Athar, through VC, Advocate For Respondent(s) For Caveator : : Mr. Soumitra Kesharwani, Panel Lawyer Mr. Shashi Kumar Kushwaha Hon’ble Shri Justice Arvind Kumar Verma, Judge Order on Board 11/07/2025 1. By way of this petition, the petitioner has prayed for the following reliefs:- 2 “10.1. That, this Hon’ble Court may kindly be pleased to allow this petitioner and direct that the execution of the order dated 05.07.2024 passed by the SDO (R) Cum Rent Control Officer, Mainpur (R2) Revenue Case No. 202406221800051 B/121 year 2023-24 be stayed and the status quo be maintained till the disposal of MJC No. 03/2025 in CG Rent Control Appellate Tribunal Raipur (C.G.) 10.2. Any other relief/order which the Hon’ble Court may deem fit and just in the facts and circumstances of the case.” 2. Learned counsel for the petitioner submits that the order passed by the SDO (R) cum Rent Control Officer Mainpur, District Gariyaband is a nullity and is against the CG Rent Control Adaptation Rules 2016 which provides the application to be presented before the Rent Control Officer and the same should be verified like plaint and should be supported by affidavit; but in the present case, the Rent Control Officer has ordered without there being any application for vacation of the school building. The petitioner is running a school in the school building and is also constructing a separate building for the school which will take around 6 months to be completed if the petitioner is forced to vacate the school building now then the petitioner will have to suffer irreparable loss. 3. Learned counsel for the respondent and caveator opposed the submission made by the counsel for the petitioner. 3 4. I have heard learned counsel for the respective parties and perused the record with utmost circumspection. 5. Perusal of record shows that there is a dispute between the petitioner and respondent no. 1. The petitioner had filed an appeal before the Appellate Tribunal against the order passed by the Rent Control Authority which was dismissed for want of prosecution on 25.04.2025. The petitioner then filed an application under Order 9 Rule 9 of CPC for restoration of appeal before the Appellate Tribunal and also filed the application for stay of execution proceeding. Learned Appellate Tribunal has passed the order on first hearing that without giving opportunity of hearing to the respondent the Tribunal cannot pass the order. Thereafter, the petitioner has filed the petition before the SDO (R) and the SDO (R) had stayed the proceedings vide order dated 05.07.2024 but on 30.05.2025 the SDO (R) revoked the order dated 05.07.2024. 6. In the case of Union of India v. T.R. Verma, 1958 SCR 499 the Supreme Court stated: “It is well settled that when an alternative and equally efficacious remedy is open to a litigant, he should be required to pursue that remedy and not to invoke the special jurisdiction of the High Court to issue a prerogative writ.” 7. It is crystal clear that the alternate remedy is available to the petitioner before the Appellate Tribunal. Therefore, when such remedy exists, it will be a sound exercise of discretion of this Court to refuse to interfere in a petition under Article 226 unless there are good grounds. 4 8. In light of the aforesaid judicial precedent, the present petition is dismissed with liberty to pursue any legal remedy available to the petitioner. Sd/- (Arvind Kumar Verma) JUDGE Madhurima