1 CGHC010041782026 2026:CGHC:37031 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 459 of 2026 1 - Vishal Mohabe S/o Shri Anil Kumar Mohabe Aged About 53 Years R/o D-94, Tagore Nagar, Raipur District Raipur, Chhattisgarh (Non- Applicant No. 1 Before The Ld. Tribunal). ... Petitioner(s) versus 1 - Anil Kumar Mohabe Aged About 80 Years R/o D-94, Tagore Nagar, Raipur, District Raipur, Chhattisgarh (Applicant Before The Ld. Tribunal) 2 - Vivek Mohabe S/o Shri Anil Kumar Mohabe Aged About 50 Years R/o D-94, Tagore Nagar, Raipur District Raipur, Chhattisgarh (Non- Applicant No. 2 Before The Ld. Tribunal) 3 - Vikrant Mohabe S/o Shri Anil Kumar Mohabe Aged About 48 Years R/o D-94, Tagore Nagar, Raipur, District Raipur, Chhattisgarh (Non- Applicant No. 3 Before The Ld. Tribunal) 4 - The Ld. Chairman Maintenance Tribunal And Sub Divisional Officer (Revenue), Raipur, Chhattisgarh 5 - State Of Chhattisgarh Through Its Secretary, Department Of RAGHVENDRA JAT Digitally signed by RAGHVENDRA JAT 2 Revenue, Indravati Bhavan, New Mantralaya, Atal Nagar, New Raipur (C.G.) ... Respondent(s) For Petitioner(s) : Mr. Suryapratap Yuddhveer Singh, Advocate. For Respondent(s)/State : Mr. Anway Tiwari, Panel Lawyer. For Respondents No. 1 & 3 : Mr. Hemant Gupta, Advocate. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 18/08/2026 1. By way of this petition, the petitioner has prayed for following reliefs:- “10.1 That this Hon'ble High Court may graciously be pleased to quash and set aside the impugned order dated 12.09.2025 passed by the Ld. Chairman, Maintenance Tribunal & Sub Divisional Officer (Revenue), Raipur, Chhattisgarh in Case No.202403111000025/B-121, year 2023-24, Village- Tagore Nagar, Raipur, Chhattisgarh (Annexure P/1). 10.2 This hon'ble court may please be kind enough in granting any other relief to the petitioner.” 2. After hearing learned counsel for the parties at considerable length, it is jointly submitted that the petitioner, who has already been provided with an alternative accommodation/house, does not intend to continue residing in the house in question. Learned 3 counsel for the petitioner, however, submits that certain personal belongings and household articles of the petitioner are still lying in the said house and, therefore, a reasonable opportunity may be granted to the petitioner to remove the same. It is further prayed that the concerned respondents may be directed not to create any obstruction or hindrance in the removal of the petitioner's personal belongings and articles from the said premises. 3. Learned counsel appearing for the petitioner submits that the petitioner would require approximately four to five days for removing his personal belongings and household articles from the premises. It is submitted that the petitioner does not intend to reside in the said house during the aforesaid period and would only require reasonable time for packing, arranging and removing his articles. Learned counsel for the petitioner, upon instructions, further assures this Court that the petitioner shall not stay overnight in the said house and shall only enter the premises for the purpose of packing and removing his belongings. 4. Learned counsel appearing for respondent Nos. 1 and 3 submits that they have no objection to the petitioner being permitted to collect and remove his personal belongings and household articles from the premises. It is further submitted that the petitioner may be permitted to remove his articles during the period from 22.08.2026 to 26.08.2026, and the respondents shall not create any obstruction or hindrance in the process of removal of such articles. 4 5. In view of the aforesaid submissions made by learned counsel appearing for the parties and the assurance given by the petitioner before this Court, the present petition is disposed of in the following terms:- (i) The petitioner shall be permitted to enter the premises in question during the period from 22.08.2026 to 26.08.2026 solely for the purpose of packing and removing his personal belongings and household articles lying therein. (ii) The concerned respondents shall not create any obstruction or hindrance in the removal of the petitioner's belongings and articles during the aforesaid period. (iii) The petitioner shall not reside or stay overnight in the said premises and shall confine his presence therein strictly to the purpose of removing his personal belongings and articles. (iv) The petitioner, upon removal of his belongings and articles, shall not claim any further right to occupy or reside in the said premises and shall not raise any further objection in respect of the same. 6. In view of the aforesaid terms and the undertaking/assurance furnished before this Court, nothing further survives for consideration in the present petition. Accordingly, the petition stands disposed of. It is further made clear that, after removal of his belongings in terms of this order, the petitioner shall not raise any further claim or institute any further proceedings in respect of 5 the subject matter of the present petition, subject, however, to any remedy available to him in law in respect of an independent cause of action. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat