1 2025:CGHC:53181-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 1089 of 2025 Ashirwad Dental Shop No. 10, M.V. Market Telipara Road, Old Bus Stand, Bilaspur Director - Dr. Pawan Chaurasia S/o Vanshgopal Chaurasia, Age 41 Years, R/o Village Parijat Extension Nehru Nagar, Tehsil And District - Bilaspur Chhattisgarh ... Petitioner versus Mahendra Nathani S/o Mr. Sheetaldas Nathani Aged About 58 Years R/o Jhulelal Ward No. 13, Bodri Chakarbhatha, Tehsil Bilha, District - Bilaspur Chhattisgarh. ... Respondent (Cause-title taken from Case Information System) For Petitioner : Mr. Gagan Tiwari, Advocate Hon'ble Smt. Rajani Dubey, Judge Hon'ble Shri Amitendra Kishore Prasad, Judge Order on Board Per Rajani Dubey, J. 31.10.2025 1. The petitioner has filed this writ petition with the following relief(s) :- “10.1. That, the Hon'ble Court may kindly be pleased to call for entire record of the Court below. 10.2. That, this Hon'ble Court may kindly be pleased to set aside the order dated 22.09.2025 passed by the learned Appellate Authority, Bilaspur, in Case No. 12 A-90(6)/2025 (Annexure P/1), arising out of YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2025.10.31 14:10:26 +0530 2 the order dated 23.06.2025 passed by the learned Rent Controller, Bilaspur (Annexure P/8), and the ex-parte order dated 10.01.2025 passed in Case No. 33 A-90(7)/2024-25 by the learned Rent Controller, Bilaspur (Annexure P/5), in the interest of justice. 10.3. That, this Hon'ble Court may kindly be pleased to remand the matter back to the learned Rent Controller, Bilaspur, with a direction to hear and decide the case afresh on merits, after providing due opportunity of hearing to the petitioner, in accordance with law, in the interest of justice. 10.4. That this Hon'ble Court may be pleased to pass any other relief(s) as may be deemed just and proper in the facts and circumstances of the case, in the interest of justice.” 2. Mr. Gagan Tiwari, learned counsel for the petitioner, submits that the respondent/tenant has already vacated the suit premises and has duly complied with the order dated 22.09.2025. In view thereof, he prays for permission to withdraw the instant petition with liberty to file afresh, if any fresh cause of action arises in future. 3. Considering the submission made by learned counsel for the petitioner, the instant petition is dismissed as withdrawn with the aforesaid liberty reserved in favour of the petitioner. Sd/- Sd/- (Rajani Dubey) (Amitendra Kishore Prasad) Judge Judge Yogesh