Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 56790 (CHH)

GIRISH PANDEY v. PRESIDENT CHHITANI MITANI DUBEY EDUCATION SOCIETY

WPC/5824/2025 · 2025-11-09

Shri Parth Prateem Sahu

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:54551 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5824 of 2025 Girish Pandey S/o Late Shri Suraj Prasad Pandey Aged About 54 Years R/o House No. 1, Nirala Nagar Colony, Bilaspur, District- Bilaspur (C.G.) ... Petitioner versus 1 - President Chhitani Mitani Dubey Education Society Through Its President, Shri Sanjay Dubey, Cmd College Campus, Bilaspur, District- Bilaspur (C.G.) 2 - The Commissioner Municipal Corporation, Bilaspur, District- Bilaspur (C.G.) 3 - The Registrar (Designated Authority For The Purposes Of Registration Act, 1908), Bilaspur, District- Bilaspur (C.G.) ... Respondents For Petitioner : Mr. Girish Pandey, petitioner-in-person assisted by Mr. Rajeev Kumar Dubey, Advocate For Respondent No. 2 : Mr. Pankaj Agrawal, Advocate Hon’ble Shri Justice Parth Prateem Sahu, Judge Order on Board 10.11.2025 1. Petitioner has filed this writ petition seeking following reliefs:- ALFIZA BAIG Digitally signed by ALFIZA BAIG Date: 2025.11.10 17:50:11 +0530 2 “10.1 That this Hon’ble Court may kindly be pleased to issue a writ, order or direction in the nature of Mandamus declaring the petitioner as the lawful owner of the subject property (House no. 1, Nirala Nagar Colony, Bilaspur), on the basis of the fully performed hire-purchase agreement, complete payment, and uninterrupted possession of over 60 years. 10.2 That, this Hon’ble Court may kindly be pleased to direct the respondent Registrar to forthwith execute and register a sale deed/conveyance in favor of the petitioner in respect of the aforesaid property, upon submission of requisite documents and payment of minimal incidental charges as prescribed, without further delay. 10.3 That, this Hon’ble Court may kindly be pleased to direct the respondent Municipal corporation to mutate the petitioner’s name in the assessment register, and to afford all municipal benefits, civic amenities, and records as befit a lawful owner and not a mere occupier and execute the earlier High Court Order for our repairing of some part of 60 years old building as per Rajinama, fine and penalty or any possible ways which is approved process of Municipal Corporation or help us any possible ways. 10.4 That, this Hon’ble Court may kindly be pleased to direct the respondents, jointly and severally, to pay to the petitioner due and just compensation for: a. The inordinate and unlawful delay of over 43 years in effecting registration and extra amount payable for costs of registry of the property. b. The mental agony, legal uncertainty, deprivation of property rights, and associated harassment caused. 10.5. That, this Hon’ble Court may kindly be pleased to award costs of this litigation, including court fees, legal expenses, and the costs of all representations made to the respondents since the completion of payment towards the property. 10.6 That, this Hon’ble Court may kindly be pleased to pass such other and further order(s) as this Hon’ble court may deem 3 just and necessary, in the facts and circumstances of the case, in the interests of justice, equity, and fair play.” 2. After arguing for sometime and on the objection being raised by counsel for respondent no. 2/Commissioner Municipal Corporation, that petitioner is having an alternate remedy under the Civil Law, counsel for petitioner submits that he wants to withdraw this writ petition with liberty to avail the alternate remedy available to him. 3. In view of the submission made by counsel for petitioner, this writ petition stands dismissed as withdrawn, with liberty as prayed for. Certified copy as per rules. sd/- (Parth Prateem Sahu) alfiza Judge