1 2025:CGHC:50644 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 11414 of 2025 Mahmood Ali S/o Late Ahmad Ali Aged About 67 Years R/o Shiv Nagar, Champa, District- Janjgir-Champa, Chhattisgarh. ... Petitioner(s) versus 1. Chhattisgarh State Power Generation Company Limited, Through- Its Chairman, Office At Vidyut Bhawan, Danganiya, Raipur District- Raipur (C.G.) 2. Dy, General Manager (F And A) Chhattisgarh State Power Generation Company Limited, Office At Vidyut Bhawan, Danganiya, Raipur, District- Raipur (C.G.) 3. Chief Engineer (Production) Korba Thermal Power Station, Korba East, District- Korba (C.G.) 4. Superintending Engineer (Headquarter)korba Thermal Power Station, Korba East, District- Korba (C.G.) 5. Coordinator Housing Allotment Committee, Dr. Shyam Prasad Mukherjee Thermal Power House, Chhattisgarh State Power Generation Company Limited, Korba East District- Korba (C.G.) 6. Executive Engineer (C) S.Ii Dr. Shyama Prasad Mukherjee Thermal Power House, Chhattisgarh State Power Generation Company Limited. Korba East. District- Korba (C.G.) ... Respondent(s) For Petitioner(s) : Mr. Syed Mohammad Sohail Afzal, Advocate For Respondent(s) : Mr. Mayank Chandrakar, Advocate Hon'ble Shri Justice Narendra Kumar Vyas Order on Board 10/10/2025 SANTOSH KUMAR SHARMA Digitally signed by SANTOSH KUMAR SHARMA Date: 2025.10.14 10:25:43 +0530 2 1. The petitioner has filed this petition assailing excess recovery of Rs. 4,08,164/- as penal rent for illegally retaining of house who was retired from the post of fire operator of Chhattisgarh State Power General Company Limited, Korba. 2. Counsel for the petitioner would submit that excess amount of Rs. 4,08,164/0 has been recovered from his retiral dues and thus would pray for allowing the petition. 3. On the other hand, learned counsel for the respondents would submit that penal rate has been revised as per Section 45 B of the Fundamental Rules which provides assessment and recovery of licence and according to the circular dated 14.10.2009 the petitioner was resided in E type of quarter and rent of Rs. 3148/- with 5% increased of every year, as such the amount has been assessed and would pray for dismissal of the writ petition. 4. Learned counsel for the petitioner would submit that he may be allowed to withdraw the writ petition with liberty to challenge the circular dated 14.10.2009 issued by Chhattisgarh State Power General Co. Ltd. as according to him on pitiable condition of house excess amount has been recovered from him which is illegal. 5. Considering the submission, the writ petition is dismissed as withdrawn. However, liberty is granted to the petitioner to challenge the circular dated 14.10.2009 and any other subsequent revision of penal rent by the Chhattisgarh State Power General Co. Ltd before appropriate forum. 6. Circular dated 14.10.2009 issued by Chhattisgarh State Power General Co. Ltd is taken on record. Sd/- (Narendra Kumar Vyas) Judge Santosh