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2026 DAILYLAW 21045 (CHH)

DHIRAJ KUMAR ARYA v. STATE OF CHHATTISGARH

WPC/2773/2026 · 2026-06-03

Shri Amitendra Kishore Prasad

body2026

Judgment text

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1 2026:CGHC:23561 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2773 of 2026 1 - Dhiraj Kumar Arya S/o Late Sevak Ram Ajay Aged About 32 Years Posted As Assistant Grade- Ii At Office Of Block Education Officer, Korba District- Korba (C.G.) R/o Quarter No. A/2-19 Irrigation Colony, Rampur, District- Korba (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary Of Housing Board, Raipur, District- Raipur (C.G.) 2 - Deputy Commissioner Chhattisgarh Housing Board Circle Bilaspur District- Bilaspur (C.G.) 3 - Executive Engineer Chhattisgarh Housing Board Korba District- Korba (C.G.) 4 - Estate Officer Chhattisgarh Housing Board Korba District- Korba (C.G.) ... Respondent(s) For Petitioner(s) : Mr. Nikhil Wadhwani, Advocate and Mr. Shubham Tripathi, Advocate For State : Ms. Diksha Gauraha, Dy. G.A. For Respondents : Mr. Pranjal Agrawal, Advocate Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 04.06.2026 1. This petition has been filed by the petitioner seeking for the following relief(s):- “10.1. That, this Hon'ble Court may kindly be pleased to allow the writ petition and direct the respondent ABHIGYA SAXENA Digitally signed by ABHIGYA SAXENA 2 Housing Board Society to first to repair and furnish the newly constructed house of the Duples LIG 46 and then hand over the possession of the same and get the registered sale deed of the said Duplex LIG 46 for which th petitioner is ready to pay the considerable amount of the aforesaid repairing work and the respondent having the moral obligation to handover the possession of the LIG 46 newly constructed house after completing the due requisite reiairing work as well as the furnishing of the newly constrycted Duplex LIG 46 of the petitioner in the interest of justice. 10.2. Any other relief, which may deem fit and proper in the facts and circumstances of the case, may also be allowed.” 2. Learned counsel appearing for the petitioner submits that the present petition has been preferred being aggrieved by the impugned letter dated 13.04.2026, whereby the petitioner has been informed that the allotment of LIG Duplex No. 46 situated at Atal Vihar Colony, Jhagraha, under the Chhattisgarh Housing Board Project, Korba (Chhattisgarh Grah Nirman Mandal, Prakshetra Korba), shall be liable to be cancelled in the event the petitioner fails to get the said property registered in his favour and take possession thereof. It is submitted that the impugned action is wholly arbitrary, unreasonable, and unsustainable in the eyes of 3 law as the allotted house is not in a fit condition for occupation and requires necessary repair and rectification work before possession can be effectively taken over. Learned counsel further submits that the petitioner is ready and willing to take possession of the allotted house; however, the requisite repair work ought to be undertaken prior thereto. It is further submitted that the concerned authorities may be directed to carry out the necessary repair and rectification work, and the petitioner undertakes to bear the expenses incurred for such repairs, if so required. Upon completion of the said repair work, the petitioner shall promptly complete the requisite formalities and take possession of the allotted premises. 3. Learned counsel appearing for the Chhattisgarh Housing Board, on advance copy, submits that the petitioner is first required to get the sale deed of the allotted house registered in his favour and take possession thereof. It is contended that only after completion of the registration process can the petitioner raise any grievance before the competent authorities with regard to repair, rectification, or any other deficiency in the house. Learned counsel further submits that, prior to the execution and registration of the sale deed in respect of the house in question, the authorities are not in a position to undertake any repair work or consider any claim relating to alleged defects in the allotted premises. 4. At this stage, learned counsel for the petitioner submits that the 4 petitioner is ready and willing to take possession of the allotted house and is also prepared to get the sale deed executed and registered in his favour within such period as may be stipulated by this Court. 5. I have heard learned counsel for the parties, perused the documents available on record with utmost circumspection and particularly, the orders impugned herein. 6. Considering the facts and circumstances of the case, this Court is of the opinion that the ends of justice would be served by directing the petitioner to get the sale deed executed and registered in respect of the allotted house, LIG Duplex No.46, within a period of 45 days from today and thereafter take possession of the same. After registration of the sale deed, the petitioner may raise his grievances before the authorities of Chhattisgarh Housing Board, which the authorities may resolve in accordance with law. It is made clear that in case the petitioner fails to get the sale deed executed and registered in his favour within the aforesaid period, the respondent authorities shall be at liberty to cancel the allotment of the petitioner in accordance with law. 7. With these observations and directions this petition is disposed of. 8. Pending Interlocutory Applications, if any, shall stand disposed of. Sd/- (Amitendra Kishore Prasad) Judge Saxena