1 CGHC010289022026 2026:CGHC:35978-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3964 of 2026 1 - Kishun Sen S/o Dileshwar Sen, Aged About 55 Years R/o. Saddu, Raipur, Tehsil And District - Raipur, (C.G.) ... Petitioner(s) versus 1 - Smt. Sarita Anant S/o. Late Rajesh Anant, Aged About 45 Years R/o. Road No. 3, Ashoka Vihar Colony, Pandri, Raipur Tehsil And District - Raipur, Chhattisgarh. ... Respondent(s) For Petitioner(s) : Shri Sameer Shrivastava, Advocate through V.C. and Shri Sheshav Shekhar Barik, Advocate For Respondent(s) : None DB : Hon’ble Shri Justice Parth Prateem Sahu Hon’ble Shri Justice Sachin Singh Rajput Judgment on Board Per Sachin Singh Rajput, J. 13/08/2026 This writ petition under Article 226 of the Constitution of India has been filed seeking for the following relief - “i. That, it is most humbly and respectfully prayed that this Hon'ble Court may kindly be pleased to pass appropriate writ/writ(s), direction/direction(s), order/order(s) setting-aside the impugned order dated 07.05.2026 passed by the learned Rent Control Tribunal, Raipur in Misc. Appeal No.23/2025, in the interest of justice. ii. That, it is most humbly and respectfully prayed that this Hon'ble Court may kindly be pleased to pass appropriate writ/writ(s), direction/direction(s), order/order(s) setting-aside the impugned order dated 01.08.2025 passed by 2 the learned passed by the Rent Control Authority, Raipur in Case No 16- 90(6) 2019-20, in the interest of justice. iii. Any other relief, which this Hon'ble Court deems fit and proper, may also kindly be granted to the petitioner, in the interest of justice. iv. Cost of the petition may also be awarded.” 2. The petitioner is the tenant of the respondent. The respondent had filed an application which was registered as Case No.16-90(6) year 2019-20 under Section 12 Schedule-II (1) (a) of the Chhattisgarh Rent Control Act, 2011 (for short ‘the Act of 2011’) for vacant possession of the tenant with regard to demised premises which is a shop situated at Shankar Nagar Road, Tarun Nagar, Tahsil and District–Raipur, CG, area 10x13 = 130 sq.ft. The respondent further prayed for refund of Rs.51,000/-, the arrears of rent from the month of September, 2019 till filing of the application in the month of December, 2019. 3. Learned counsel for the petitioner submits that the petitioner has already vacated the demised premises on 12.08.2023, thus, the relief in respect of arrears of rent only requires adjudication by the Rent Controller. During subsistence of the tenancy, the respondent deliberately disconnected the water and electricity supply to the tenanted premises with an intention to compel the petitioner to vacate the premises. The petitioner sought restoration of the essential services through legal notice and approaching the competent authority. Vide order dated 17.05.2022, the learned Rent Controller directed restoration of electricity supply but the respondent failed to comply with the said order. Due to the continuous deprivation of water and electricity supply and the resulting hardship, the petitioner was compelled to vacate the premises on 12.08.2023 after issuing due notice to the respondent. The petitioner asserts that rent had been regularly paid throughout the tenancy, though no rent receipts were issued by the respondent and no demand or notice alleging arrears of rent was ever made. The order dated 17.05.2022 was challenged by the petitioner before this Hon’ble Court in W.P.(C) No. 2720/2023, which was dismissed vide order dated 19.07.2023. The Rent Controller, vide its order dated 01.08.2025, directed the petitioner to pay to the respondent arrears of rent @ Rs.17,000/- for the period from 07.12.2022 to 12.08.2023 i.e. 28 months and 12 days totaling to Rs.4,82,800/- within a period of one month, else, the petitioner would be punished with 3 months’ simple imprisonment and Rs.5,000/- fine under the provisions of Section 12 (6) and (8) of the Act of 2011. This order was put to challenge by the petitioner before the 3 Chhattisgarh Rent Control Tribunal, Raipur which was registered as Misc. Appeal No.23/2025. 4. By the order impugned dated 07/05/2026, learned Tribunal partly allowed the appeal and directed to pay to the respondent, an amount of Rs.4,82,800/- within a period of 2 months and imposed fine of Rs.5,000/-, however, the punishment of 3 months’ simple imprisonment, as directed by the learned Rent Controller, was set aside. It has been further observed that in case, the petitioner does not pay the arrears of rent within the time prescribed, he would be liable to punishment of 3 months’ simple imprisonment or Rs.5,000/- fine or both. Thus, this writ petition challenging the same has been filed. 5. Learned counsel for the petitioner further submits that admittedly, the suit premises was vacated by the petitioner on 12.08.2023. It is further submitted that as relief of delivery of vacant possession already finds favour of respondent No.1, the issue which is to be decided is in respect of arrears of rent. The impugned order passed by the Rent Controller and as affirmed by the Tribunal is the relief in the final nature. He submits that by interim orders, final relief cannot be granted. Apart from this, he submits that as to whether the respondent is entitled to receive the abovestated amount, is still to be adjudicated by the Rent Controller. The defence of the petitioner before the learned Rent Controller is that during subsistence of his tenancy, the respondent has disrupted the water supply and disconnected the electricity connection. For those period, when the petitioner was not able to enjoy the facility of water and electricity supply, the petitioner may not be liable to pay the rent for the aforesaid period. Thus, he submits that the impugned order suffers from patent illegality warranting interference by this Court. However, learned counsel, on instructions, submits that the petitioner is ready and willing to pay 50% of the said amount within a period of 4 weeks and deposit of further amount may be stayed. 6. Heard learned counsel for the petitioner. 7. The challenge in this writ petition is with regard to arrears of rent ordered to be paid by the petitioner to the respondent for a period of 28 months and 12 days i.e. from 07.12.2022 to 12.08.2023, the date on which the demised premises was vacated by the petitioner. The learned Rent Controller has observed that the said amount is liable to be paid by the petitioner which has been affirmed by the learned Tribunal. The factum of liability of payment of arrears of rent is still required to be adjudicated by the learned Rent Controller and for that purpose, the parties are required to lead 4 their evidence. 8. Taking into consideration the facts circumstances of the case, at this stage, without noticing the respondent, this Court is of the opinion that ends of justice would be served if the petitioner is directed to deposit 50% of the arrears of rent as directed by the learned Rent Controller within a period of 4 weeks. Thus, this petition is disposed off directing the petitioner to deposit 50% of arrears of rent within a period of 4 weeks from the date of receipt of copy of this order. 9. The learned Rent Controller shall not take any coercive action against the petitioner for recovery of the remainder amount including exercising power under Section 12 (6) and (8) of the Act of 2011 till disposal of the application. The respondent is at liberty to withdraw the deposited amount and the same shall be subject to outcome of the application pending before the learned Rent Controller. As this petition is being disposed off without issuing notice to the respondent, the respondent would at liberty to file an application for review of this order, if so desires. 10. With these observations and directions, this writ petition is finally disposed off. Sd/- Sd/- (Parth Prateem Sahu) (Sachin Singh Rajput) JUDGE JUDGE Deepti DEEPTI HARIKUMAR Digitally signed by DEEPTI HARIKUMAR Date: 2026.08.20 13:42:12 +0530