1 WP227 No. 552 of 2025 2025:CGHC:28858-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 552 of 2025 1 - Shailendra Gyanchandani S/o Chuhdamal Gyanchandani Aged About 47 Years R/o Mahalakshmi Enclave, House No. 15, Sihava Road, Dhamtari, Tehsil And District- Dhamtari (C.G.) ... Petitioner(s) versus 1 - Smt. Sharan Kaur Chhabra W/o Late Parmjeet Singh Aged About 56 Years R/o Sundarganj Ward, Behind Moti Bhavan, Dhamtari, Tehsil And District- Dhamtari (C.G.) 2 - Vinay Chhabra S/o Late Parmjeet Singh Aged About 32 Years R/o Sundarganj Ward, Behind Moti Bhavan, Dhamtari, Tehsil And District- Dhamtari (C.G.) ... Respondent(s) For Petitioner : Mr. Shobhit Mishra, Advocate (Division Bench) (Hon’ble Smt. Justice Rajani Dubey Hon’ble Shri Justice Amitendra Kishore Prasad) Order on Board Per Amitendra Kishore Prasad, J. 30.06.2025 2 WP227 No. 552 of 2025 1. The petitioner has filed this petition challenging the order dated April 29, 2025 (Annexure P/1), passed by the Learned Rent Control Tribunal, District Raipur, Chhattisgarh which is impugned herein. Thereafter, the tribunal rejected the petitioner's appeal without proper application of mind, according to the petitioner. 2. Petitioner has filed this petition seeking for the following relief(s):- “(i) That this Hon'ble Court may kindly be pleased to allow this writ petition and consequently, issue an appropriate writ/order/direction thereby quashing/set aside the impugned order dated 29.04.2025 passed by Learned Rent Control Tribunal, District - Raipur, (C.G.). (ii) That this Hon'ble Court may kindly be pleased to issue an appropriate writ/order/direction thereby staying proceeding in appeal no. 2A/2025, till the pendency of this writ petition. (iii) That any other order/relief which this Hon’ble Court may deem fit, proper and just in the facts and circumstances of the present case may kindly be awarded to the petitioner in the ends of justice & equity.] (iv) That the cost of the petition may kindly also be awarded to the petitioner.” 3 WP227 No. 552 of 2025 3. Facts of the present case, in brevity, is that the petitioner/appellant, Shri Shailendra Gyanchandani, has filed an appeal bearing no. 2A/2025 against the order dated 02.01.2025 passed by the Rent Control Authority, Dhamtari (C.G.) in case no. 202305132600001/A-90(1), titled Smt. Sharan Kaur Chabbra and Ors Vs. Shri Shailendra Gyanchandani, before the learned Rent Control Tribunal, Raipur (C.G.). The respondents, Smt. Sharan Kaur Chabbra and Ors., have filed an application under Section 12 of the Chhattisgarh Rent Control Act, 2011, seeking the eviction of the petitioner/appellant from a shop owned by them, before the Rent Control Authority, Dhamtari (C.G.) in case no. 202305132600001/A-90(1). During the pendency of the case before the Rent Control Authority, Dhamtari (C.G.), multiple applications including: An application under Order 8 Rule 1A(3) of the Code of Civil Procedure (C.P.C.), an application under Order 12 Rule 4 C.P.C. and An application under Section 10(3) of the Rent Control Act. has been filed by the petitioner/appellant. However, all these applications were rejected by the Rent Control Authority, Dhamtari (C.G.) vide order dated 05.08.2024. 4. Aggrieved by the order dated 05.08.2024, the petitioner filed a miscellaneous appeal bearing no. 35/2024 before the learned Rent Control Tribunal, Raipur (C.G.). During the pendency of the miscellaneous appeal no. 35/2024, the original case before the 4 WP227 No. 552 of 2025 Rent Control Authority, Dhamtari (C.G.) was scheduled for cross- examination of the respondents on 05.09.2024. The petitioner filed an application under Order 17 Rule 1 C.P.C. for adjournment, citing the pendency of the miscellaneous appeal before the Rent Control Tribunal. However, the Rent Control Authority, Dhamtari (C.G.) dismissed the application for adjournment on 05.09.2024. 5. Aggrieved by the order dated 05.09.2024 of the Rent Control Authority, Dhamtari (C.G.), the petitioner filed a second miscellaneous appeal bearing no. 07/2025 before the learned Rent Control Tribunal, Raipur (C.G.). Both the miscellaneous appeals, no. 35/2024 and no. 07/2025, were pending before the learned Rent Control Tribunal, Raipur (C.G.) for due consideration. The Tribunal passed an order dated 17.12.2024, calling for the record of the Rent Control Authority, Dhamtari (C.G.) and fixed the matter for hearing on 20.01.2025. On 26.12.2024, the matter was fixed before the Rent Control Authority, Dhamtari (C.G.). The petitioner informed the Rent Control Authority that the Rent Control Tribunal had sought the case record. Despite this, the Rent Control Authority fixed the matter for judgment on 02.01.2025. The counsel for the appellant moved an application for urgent hearing before the Rent Control Tribunal, but before the argument could be heard, the Rent 5 WP227 No. 552 of 2025 Control Authority passed the final order on 02.01.2025, rendering the pending miscellaneous appeals infructuous. 6. Aggrieved by the order dated 02.01.2025 of the Rent Control Authority, Dhamtari (C.G.), the petitioner filed appeal no. 2A/2025 before the learned Rent Control Tribunal, Raipur (C.G.). At present, the following matters are pending before the learned Rent Control Tribunal, Raipur (C.G.) for consideration: Miscellaneous Appeal No. 35/2024; Miscellaneous Appeal No. 07/2025 and Appeal No.2A/2025. 7. The learned Rent Control Tribunal dismissed both the miscellaneous appeal no. 35/2024 and miscellaneous appeal no. 07/2025 vide its order dated 01.04.2025. Since appeal no. 2A/2025 is still pending before the Rent Control Tribunal, the petitioner moved an application under Order 6 Rule 17 of C.P.C., read with Section 10 of the Chhattisgarh Rent Control Act, 2011. Hence this petition has been filed. 8. Learned counsel for the petitioner submits that the Tribunal has rejected the petitioner’s application filed under Order 6 Rule 17 read with Section 10 of Chhattisgarh Rent Control Act, 2011 by stating that there is need for amendment. The counsel for the petitioner submit that the Rent Control Tribunal failed to appreciate the Rent Control Authority's alleged misconduct. 6 WP227 No. 552 of 2025 Specifically, the Authority passed judgments on August 5, 2024, September 5, 2024, and December 26, 2024, without properly following judicial process. The petitioner claims that the Authority did this to render the miscellaneous appeals infructuous before sending the record, thus denying the petitioner an opportunity to challenge the alleged illegality. He goes on to submit that on perusal of the order sheets, it is crystal clear that the Rent Control Authority was biased and wants to make the petitioner remediless. Therefore, the impugned order herein dated 29.04.2025 (Annexure P/1) is arbitrary and contrary to law and being violative of the principles of judicial discipline, the same may be set aside. To buttress his submission, learned counsel for the petitioner would relied upon the judgment passed by the Bombay High Court in the matter of Kishor Vs. Preeti 1 . 9. We have heard counsel for the petitioner, peruse the documents available on record and particularly the order Annexure P/1 passed by the Rent Control Tribunal, Raipur (C.G.). 10. The Tribunal rejected the application under Order 6 Rule 17, stating that there was no need for amendment. Tribunal failed to recognize the procedural flaws and misconduct of the Rent Control Authority in passing orders while appeals were pending. In view of the above, the order dated 29.04.2025 (Annexure P/1), 1 Reported in (2007) SCC OnLine Bom 102 7 WP227 No. 552 of 2025 rejecting the application under Order 6 Rule 17, is hereby set aside. The application filed by the petitioner under Order 6 Rule 17 of the CPC before the Tribunal is hereby allowed, and the petitioner is permitted to amend his pleadings to include the necessary averments regarding the alleged misconduct of the Rent Control Authority. The matter is remitted back to the Rent Control Tribunal, Raipur (C.G.), for reconsideration. 11. The learned Rent Control Tribunal is further directed to consider the case, taking into account the amended pleadings, and to decide the case without being influenced by the earlier orders passed by the Rent Control Authority. The Tribunal should ensure that the principles of natural justice and fair hearing are adhered to in the proceedings. 12. Accordingly, the instant petition is allowed as stated above. Consequently, in view of allowing the application for amendment the concerned Rent Control Authority is directed to proceed further in accordance with law. Sd/- Sd/- (Rajani Dubey) (Amitendra Kishore Prasad) Judge Judge Saxena ABHIGYA SAXENA Digitally signed by ABHIGYA SAXENA