1 2025:CGHC:50810-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP(227) No. 804 of 2025 Fiza Ansari D/o Ashafaq Husain, Aged About 52 Years, R/o Bazarpara, Kondagaon, Tehsil Kondagaon, District Kondagaon, Chhattisgarh ... Petitioner versus 1 - State of Chhattisgarh Through Collector, Kondagaon, Tehsil Kondagaon, District Kondagaon, Chhattisgarh (Not Mentioned In Order Sheet) 2 - Gajendra Singh Rathore S/o Lt. Mohan Lal R/o Main Road Kondagaon, Tehsil Kondagaon, District Kondagaon, Chhattisgarh. ... Respondents For Petitioner : Ms. Pratibha Sahu, Advocate For State/Respondent No.1 : Mr. Ranbir Singh Marhas, Addl. A.G. For Respondent No.2 : Mr. J.N. Nande, Advocate Hon'ble Shri Sanjay K. Agrawal and Hon'ble Shri Radhakishan Agrawal, JJ. Order on Board (13.10.2025) Sanjay K. Agrawal, J 1. This present petition has been filed under Article 227 of the Constitution of India against the impugned order dated 21.07.2025 passed by the Chhattisgarh Rent Control Tribunal, Raipur by which the petitioner’s appeal filed under Section 13 of the Chhattisgarh Rent Control Act, 2011 has been dismissed holding that no sufficient cause PRAKASH KUMAR Digitally signed by PRAKASH KUMAR Date: 2025.10.13 18:14:34 +0530 2 has been shown for delay in filing the appeal and thus, the delay has not been explained. Consequently, the appeal and the application for condonation of delay both have been dismissed. 2. Learned counsel for the petitioner submits that sufficient cause has been shown for delay in filing the appeal, as such, delay in filing the appeal be condoned and the matter be remitted to the concerned Tribunal for consideration on merits. 3. Learned counsel appearing for respondent No.2 opposes the submission made by counsel for the petitioner. 4. We have heard learned counsel for the parties and their rival submissions. 5. It is the case of the petitioner that the Rent Controller, Kondagaon has passed the order on 04.07.2024 which the petitioner came to know by memo dated 28.02.2025 sent by Nazul Officer, thereafter, she applied for certified copy which she obtained on 12.03.2025, and after getting legal opinion, the appeal was filed as such there occurred delay in filing the appeal. 6. Since, it is the case of the petitioner that the petitioner was not aware of the order dated 04.07.2024 passed by the Rent Control Authority, Kondagaon which she only came to know by memo dated 28.02.2025 sent by Nazul officer, therefore, the delay occurred in filing the appeal. As such, in our considered opinion, the delay in filing the appeal has been sufficiently explained, and the Chhattisgarh Rent Control Tribunal, Raipur ought to have condoned the delay. Thus, the delay in filing the appeal is hereby condoned, and the impugned order dated 21.07.2025 passed by the Board of Chhattisgarh Rent Control Tribunal, Raipur is accordingly set aside. The appeal preferred by the petitioner/appellant 3 (unregistered appeal number) in the matter of Fiza Ansari Vs. Gajendra Singh Rathore decided by the Board of Chhattisgarh Rent Control Tribunal, Raipur, is hereby restored for hearing and disposal in accordance with law. 7. Parties are directed to appear before the Board of Chhattisgarh Rent Control Tribunal, Raipur on 28.10.2025. 8. Accordingly, the present petition stands disposed of. Sd/- Sd/- (Sanjay K. Agrawal) (Radhakishan Agrawal) Judge Judge Prakash