1 2025:CGHC:55440 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 391 of 2021 Mohan Lal Tiwari S/o S.M. Tawari Aged About 70 Years R/o Motilal Para, Tehsil- Jagdulpur, District- Bastar, Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through Secretary, Scheduled Tribe, Scheduled Caste Development Department, Mahanadi Bhawan, Atal Nagar, Raipur, District- Raipur, Chhattisgarh. 2 - Chhattisgarh Rjya Antyavasai Sahakari Vitta And Vikas Nigam Maryadit (A Undertaking Of Government Of Chhattisgarh) Through Managing Director, Sector 27, Nawagaon Parsatti, Naya Raipur, Chhattisgarh. 3 - Zila Antyavasi Sahakari Vikas Samiti, Jagdalpur, Through The Chief Executive Officer, District- Bastar Chhattisgarh. 4 - Collector Bastar, President, Zila Antyavasai Sahakari Vikas Samiti, Jagdalpur, District- Bastar Chhattisgarh. ... Respondents For Petitioner : Mr. Prateek Singh Thakur, Advocate For Res No. 1 : Mr. Shubham Bajpai, Panel Lawyer For Res. No. 2 to 4 : Mr. Ayaz Naved, Advocate Hon'ble Shri Justice Sachin Singh Rajput Order On Board 13/11/2025 1. Following relief(s) has been claimed by the petitioner: 2 “10.1. That, the records pertaining to the allotment and cancellation of Shop with respect to the petitioner may kindly be called for kind perusal of this Hon’ble Court. 10.2 That, the impugned notice dated on 08.01.2021 may kindly be set aside/quashed and the petitioner be allowed to continue with the peaceful possession of the shop in his possession of the shop in question. 10.3. That, any other relief/reliefs which may deem fit and proper in the facts and circumstances of the case, may also be allowed.” 2. Learned counsel for the petitioner would submit that Shop No. 7 in Sanjay Market, Rajeev Complex, Jagdalpur (C.G.) was allotted to the petitioner Vide lease deed dated 18.02.1998 for 30 years and it has also been executed by and between the petitioner and the respondent Nos. 2 & 3. He also submits that the petitioner has occupied the said shop since then and has been duly paying the rent as per the lease deed. He further submits that without any show cause notice or without affording any opportunity of hearing to the petitioner, the impugned order dated 08.01.2021 (Annexure P/1) was issued by respondent No. 3, directing the petitioner to vacate the allotted shop premises and the allotment order was cancelled. He further submits that with identical issue some other petitioner has approached this Court by filing a writ petition bearing WPC No. 464 of 2021 (Nemi Chand Ogar Vs. State of Chhattisgarh and Ors.) which was allowed by this Court, permitting respondents Nos. 2 & 3 to initiate a fresh proceeding after following the principles of natural justice. He further submits that the petitioner has already deposited the rent amount and as the impugned order violates 3 the principles of natural justice therefore, the same may be set aside. 3. Per contra, learned counsel for the respondents opposes the submission made by learned counsel for the petitioner. However, from the return, he is not able to satisfy this Court as to whether while passing the impugned order, any notice to the petitioner has been issued or not. 4. Learned Counsel for the State would submit that the dispute is between the petitioner and respondent Nos. 2 & 3. 5. Heard learned counsel for the parties and perused the material available on record. 6. Having considered the impugned order Annexure P/1, issued by respondent No. 3, which prima facie reflects that the petitioner was not afforded opportunity of hearing therefore, the same is not sustainable in the eyes of law and it is hereby set aside. Respondent Nos. 2 & 3 are directed to initiate fresh proceeding against the petitioner after providing him due opportunity of hearing, if so advised. 7. It is made clear that this Court has not expressed any opinion on the merits of the case. 8. With the aforesaid observation/direction, this writ petition is disposed of. Sd/- (Sachin Singh Rajput ) Judge Ami AMITA DUBEY Digitally signed by AMITA DUBEY Date: 2025.11.19 11:08:21 +0530