1 2025:CGHC:51998 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5493 of 2025 1 - Krishna Kumar Sharma S/o Shri Rajkishor Sharma Aged About 47 Years R/o Rajeev Nagar, Zone-3, B M Y Charoda, Tahsil - District- Durg, C.G. 2 - Smt. Usha Sharma W/o Shri Krishna Kumar Sharma Aged About 42 Years R/o Rajeev Nagar, Zone-3, B M Y Charoda, Tahsil - District- Durg, C.G. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Housing And Environment, Mahanadi Bhawan, Nava Raipur, Atal Nagar, Raipur, C.G. 2 - Chhattisgarh Housing Board Through The Commissioner Paryawas Bhavan Sector- 19, North Block Nava Raipur, Atal Nagar, Raipur, C.G. 3 - Estate O6cer Chhattisgarh Housing Board, E M Zone - 01 Raipur, Sirpur Complex Ring Road No. 2 Kabir Nagar, Post O6ce Tatibandh, Raipur, C.G. 4 - Sub- Registrar (Registration) Registry O6ce, Government Of Chhattisgarh, Raipur, C.G. ----Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Jitendra Pali, Advocate For Respondent-State : Mr. Soumitra Kesharwani, P.L. For Respondents No. 2 & 3 : Ms. Zainab Vanak, Advocate Hon’ble Shri Justice Arvind Kumar Verma Order on Board 17/10/2025 1. With the consent of the parties the matter is heard Anally. 2. By way of the present writ petition, the petitioner is seeking following Digitally signed by JYOTI JHA Date: 2025.10.28 11:30:20 +0530 2 relief(s):- The petitioner craves the indulgent of the Hon’ble Court that the Hon’ble Court may be kind enough; (I) To kindly issue an appropriate writ, order, or direction in the nature of mandamus, directing the respondents, particularly the Chhattisgarh Housing Board and its o"cers to forthwith issue the requisite No Objection Certi'cate (NOC)/permission for sale of Flat No. B-19, situated at Madav Rao Sapre Nagar, Beergaon, District Raipur, in favour of the petitioners. (ii) To kindly issue an appropriate writ, order or direction declaring the inaction, indi2erence and arbitrary refusal of the Respondent Housing Board in not granting the NOC despite there being no legal impediment as illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India. (iii) To kindly pass any other order or further order(s) as this Hon’ble Court may deem 't and proper in the facts and circumstances of the case, including an order for costs in favour of the petitioner. 3. Learned counsel for the petitioner submits that The Petitioner has not Aled the instant writ petition against any speciAc order, but rather against the continued inaction, indiBerence. and apathy of the Respondent Chhattisgarh Housing Board, which has failed to issue the requisite No Objection CertiAcate (NOC) for the sale of the Dat lawfully owned by the Petitioners. There exists no legal impediment or bar to the issuance of such NOC; however, due to the lethargic and lackadaisical approach of the Respondent Housing Board, the same has been unjustiAably withheld without any valid reason or lawful justiAcation till date, causing undue hardship and prejudice to the Petitioners. 4. Learned counsel for the Petitioners submits that the petitioners have 3 purchased Flat No. B-19, situated at Madhav Rao Sapre Nagar, Beergaon, District Raipur, originally allotted by the Chhattisgarh Housing Board, through a registered sale deed executed on 25.02.2016 from the erstwhile allottee, Smt. Chandravati Devi Sharma. The said transaction was duly permitted by the Housing Board, as the Estate O6cer had granted the requisite No Objection CertiAcate (NOC), and the sale deed was registered without any objection or impediment from the authorities. Subsequently, owing to acute Anancial hardship and the forthcoming marriage of the sister of Petitioner No. 2, which is scheduled to be solemnized, the Petitioners decided to sell the said property to arrange the necessary funds. Accordingly, the Petitioners executed an Agreement for Sale on 05.03.2024 in favour of Shri Manish Kumar Sajwani and, well in advance, submitted an application on 11.03.2024 before the Respondent No. 3, informing the Housing Board about the said agreement and requesting issuance of the requisite NOC/permission for sale of the Dat. However, despite repeated applications and representations dated 11.03.2024, 09.06.2025, and 01.08.2025, the Respondent Housing Board has failed to issue the NOC till date. The only ground cited by the Housing Board is that the land on which the said housing colony was developed has not yet been transferred in its name in the revenue records. Such stand is wholly arbitrary and untenable, since the Board had previously issued an NOC for the same Dat when it was sold to the Petitioners in 2016, and the sale deed was duly registered without any hindrance or objection. In the meanwhile, the date of marriage of the sister of Petitioner No. 2 is fast approaching, as the same is scheduled to be solemnized on 24.11.2025. The Petitioners are entirely dependent 4 upon the sale proceeds of the aforesaid Dat to meet the expenses of the said marriage. 5. Learned counsel for the petitioner further submits that the Respondent Housing Board's inconsistent approach and continued inaction have caused severe Anancial hardship and mental distress to the Petitioners, who are now unable to complete the sale transaction and meet the marriage expenses due to no fault of their own. Such conduct reDects a clear abdication of statutory responsibility. amounting to violation of the Petitioners' rights guaranteed under Articles 14 and 21 of the Constitution of India. The Petitioners, therefore, seek intervention of this Hon'ble Court to direct the Respondents to perform their legal and administrative duties and issue the NOC forthwith in the interest of justice. 6. At the outset, learned counsel for the respondents No. 2 & 3 contended that the application of the petitioner is still pending which is under process and the same shall be considered and decided in accordance with law. 7. I have heard learned counsel for the parties and perused the material available on record. 8. Considering the facts and circumstances of the case instead of keeping this petition pending, I And it appropriate to dispose of the same at this stage directing the respondent No. 2 & 3 to consider and decide the application of the petitioner dated 01.08.2025 in accordance with law/rules/regulations as expeditiously as possible within a period of 30 days from the date of receipt of copy of this order, keeping in mind that earlier the Estate O6cer, Chattisgarh Housing Board issued 5 NOC/permission for sale of the said Dat in favour of the present petitioners and the Assistant Engineer, Housing Board issued a certiAcate conArming that the Dat is situated on Housing Board land duly received from the State Government. 9. It is made clear that this Court has not expressed anything on the merits of the case. 10. With the aforesaid direction, the writ petition is disposed of. Sd/- (Arvind Kumar Verma) Judge Jyoti