1 2025:CGHC:45244 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 695 of 2021 1 - Ankit Jain S/o Late Anil Jain Aged About 28 Years R/o Bodhghat Colony, Jagdalpur, District Bastar Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh 2 - Kumari Riya Jain D/o Late Anil Jain Aged About 24 Years R/o Bodhghat Colony, Jagdalpur, District Bastar Chhattisgarh. 3 - Smt. Mamta Jain W/o Late Anil Jain Aged About 54 Years R/o Bodhghat Colony, Jagdalpur, District Bastar Chhattisgarh. ... Petitioner(s) versus 1 - Deepak Jain S/o Shri Subhashchandra Jain Aged About 48 Years R/o High School Road, Motlilal Nehru Bag, Number 15, Jagdalpur , District Bastar Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh. 2 - Smt. Aruna Avinash Singhai (Jain) W/o Shri Avinash Singhai Aged About 63 Years R/o Infront Of Dr. Kumhare Nursing Home, Mehta Building , Hospital Ward, Chandrapur Maharashtra. Through Power Of Attorney Holder Namely Smt. Anita Jain, W/o Shri Dinesh Jain, R/o Baruarisa, Purba, Madnipur, Kolaghat, West Bengal. 3 - Smt. Anita Jain W/o Shri Dinesh Kumar Jain Aged About 57 Years R/o Barvarisa Purba, Madnipur , Kolaghat, West Bengal. Through Power Of Attorney Holder Namely Smt. Anita Jain, W/o Shri Dinesh Jain, R/o Baruarisa, Purba, Madnipur, Kolaghat, West Bengal. Digitally signed by NADIM MOHLE 2 4 - Smt. Savita (Sabita) Jain W/o Shri Sanjeev Jain Aged About 53 Years R/o Barvarisa, Purba Madnipur, Kolaghat, West Bengal, Through Power Of Attorney Holder Namely Smt. Anita Jain, W/o Shri Dinesh Jain, R/o Baruarisa, Purba, Madnipur, Kolaghat, West Bengal. 5 - Smt. Sangeeta Parasdas Jain W/o Shri Parasdas Rikhadas Jain Aged About 49 Years R/o Vidya Mandir, Jabal Samap, Rahuri Block Rahuri, Amhadnagar, Maharashtra. Through Power Of Attorney Holder Namely Smt. Anita Jain, W/o Shri Dinesh Jain, R/o Baruarisa, Purba, Madnipur, Kolaghat, West Bengal. 6- State Of Chhattisgarh Through Collector, Jagdalpur, District Bastar Chhattisgarh. ... Respondent(s) For Petitioner(s) : Mr. Manoj Paranjpe, Senior Advocate assisted by Mr. Aditya Dhar Diwan, Advocate For Respondent(s) No. 1 to 5 For State/ Respondent No.6 : : Mr. K. Rohan, Advocate Ms. Neelima Singh Thakur, Panel Lawyer Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 04/09/2025 1. At the very outset, Mr. Paranjpe, learned Senior Advocate and Mr. K. Rohan, appearing for the respective parties would submit that the application preferred before the learned Trial Court in Civil Suit No. 17- A/2020 under Order XXIII Rule 3 of the Code of Civil Procedure, 1908 was rejected on the ground that the period of lease in respect of the suit property (a Nazul land originally granted to Shri Subhash Chandra Jain) has already been expired on 01.04.2005, and no application for renewal was moved at the relevant time. They would pray that liberty 3 may be granted to the petitioners as well as respondents No. 1 to 5 to move a fresh application under Order XXIII Rule 3 CPC before the learned trial Court in view of subsequent change circumstances. 2. Ms. Neelima Singh Thakur, learned Panel Lawyer for the State supports the order impugned. 3. Heard. 4. Considering the fact that application moved by the parties under Order 23 Rule 3 of the CPC was rejected by the learned trial Court on the ground that period of lease has already expired and application for renewal was not moved at that point of time. 5. Contention made by respective Advocates appears to be fair and reasonable. Accordingly, the petitioners and respondents No. 1 to 5 would be at liberty to move a fresh application under Order XXIII Rule 3 CPC before learned Trial Court indicating change circumstances. 6. If such an application is moved, the learned Trial Court shall consider and decide it strictly in accordance with law. 7. With the aforesaid liberty, the writ petition stands disposed of at the admission stage itself. Sd/- Rakesh Mohan Pandey JUDGE Nadim