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2025 DAILYLAW 44434 (CHH)

BHUMESHWARI TEMARE v. NAYAB TEHSILDAR RAIPUR

WPC/4995/2025 · 2025-09-16

Shri Arvind Kumar Verma

body2025

Judgment text

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1 / 2 2025:CGHC:47741 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4995 of 2025 Bhumeshwari Temare W/o Shri Amit Temare Aged About 29 Years R/o Pritam Nagar Sunil Kirana Store Ke Paas Gudhyari District - Raipur (C.G.). ... Petitioner(s) versus 1 - Nayab Tehsildar Raipur District - Raipur (C.G.) 2 - Smt. Kanti Bai Sahu W/o Punaram Sahu R/o Pritam Nagar Sunil Kirana Store Ke Paas Gudhyari District - Raipur (C.G.) 3 - Punaram Sahu S/o Dayaram Sahu R/o Pritam Nagar Sunil Kirana Store Ke Paas Gudhyari District - Raipur (C.G.) ... Respondent(s) For Petitioner : Mr. Raman Mishra, Advocate For State : Ms. Upasana Mehta, Dy. GA (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 17/09/2025 1. This writ petition has been preferred under Article 226 of the Constitution of India seeking following reliefs: “10.1 That, this Hon'ble Court may kindly be pleased to call records with respect to the instant writ petition. 10.2 That, this Hon'ble Court may kindly be pleased to declare annexure P-1 is illegal and quash the impugned notice dated 15.09.2025 Annexure P-1. 10.3 That, this Hon'ble Court may kindly be pleased to Issue a direction to the respondent No. 1 to immediately stop possession proceeding on the basis of annexure P-1. 2 / 2 10.4 That, this Hon'ble Court may kindly be pleased to Issue a direction to the respondent No. 1 to file personal affidavit for issuing this types of illegal notice which is totally against article 300A of the constitution of India. 10.5. Any other relief, which may deem fit in the interest of justice.” 2. It is pertinent to mention here that earlier present petitioner has filed the writ petition (WPC No.4949/2025) before this Court, which was dismissed on 15.09.2025. Relevant portion of said order reads as under: “5. Considering the entire facts and circumstances of the case, the instant writ petition is not maintainable in view of the availability of the alternative remedy for filing appropriate appeal before the Rent Control Appellate Tribunal and the petitioner, if so advise, may avail the same and may also raise all the objections therein. 6. Accordingly, the instant writ petition is dismissed.” 3. As per notice dated 16.07.2025 (Annexure P-2), the Rent Control Authority has passed the order/decree on 27th May 2025, hence, petitioner is having alternate remedy of appeal before the Rent Control Tribunal. 4. During the course of the arguments, this Court finds that instead of filing an appeal before the Rent Control Tribunal, petitioner has filed the instant writ petition with aforesaid reliefs, therefore, there is no good ground to entertain this writ petition at this stage. 5. Accordingly, the instant writ petition is hereby dismissed. SD/- Sd/- (Arvind Kumar Verma) JUDGE J.