1 CGHC010340632026 2026:CGHC:38991 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4491 of 2026 1 - Sushil Kumar Nathani S/o Late Sohan Lal Natthani Aged About 55 Years R/o Sadar Bazar, Raipur, District- Raipur (C.G.) ... Petitioner versus 1 - Rent Control Authority Raipur, District- Raipur (C.G.) Through its Presiding Officer. 2 - Tehsildar Tehsil Raipur, District- Raipur, (C.G.) ... Respondents (Cause title is downloaded from CIS Periphery.) For Petitioner : Mr. Shalvik Tiwari, Advocate. For State : Dr. Arham Siddiqui, P.L. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 03/09/2026 1. The petitioner has preferred the instant petition assailing the inordinate delay and inaction on the part of respondent No. 1 in executing the final and conclusive eviction order dated 31.01.2018 passed in Case No. 02-B-121 of 2018-19 by the Rent Control Authority, Raipur. The execution proceedings have remained pending since 11.02.2019, i.e., for more than seven years, owing to the repeated attempts of the Tenants to delay the proceedings RAVVA UTTEJ KUMAR RAJU Digitally signed by RAVVA UTTEJ KUMAR RAJU Date: 2026.09.07 11:03:34 +0530 2 and the failure of respondent No. 1 to take effective steps for their expeditious conclusion. The petitioner, therefore, seeks the following reliefs:- “10.1 Issue writ, order, or direction in the nature of Mandamus directing respondent No. 1 (Rent Control Authority, Raipur) to conclude the pending execution/eviction proceedings bearing No. 47- 90(6)/2018-2019 in a time-bound manner, preferably within 30 days from the date of passing of this order; 10.2 Hon’ble Court may kindly be pleased to direct the Tehsildar, Raipur and other concerned authorities to provide all necessary assistance and police aid to respondent No. 1 for effecting the eviction of Tenants from the suit property within the stipulated time; 10.3 Pass any other order or direction as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.” 2. Learned counsel for the petitioner submits that the petitioner has a clear legal right to obtain possession of the suit property pursuant to the final eviction order dated 31.01.2018, which has been upheld by the Tribunal as well as by this Court. He submits that Respondent No. 1, being the statutory authority under the Chhattisgarh Rent Control Act, 2011, is duty-bound to execute the said order and that the failure to do so for more than seven years warrants issuance of a writ of mandamus under Article 226 of the 3 Constitution of India. He next submits that the application for spot inspection filed by the Tenants on 10.06.2026 is misconceived at the execution stage, as the identity of the suit property bearing Khasra No. 126, admeasuring 2400 sq. ft., stands settled and cannot be reopened in execution proceedings. He further submits that the repeated attempts of the Tenants to delay execution, despite having failed before the various forums, amount to an abuse of the process of law. He also submits that the petitioner has no other efficacious remedy and that the continuous failure to execute the final eviction order has constrained the petitioner to invoke the writ jurisdiction of this Court. 3. Learned counsel for the State opposes the submissions advanced on behalf of the petitioner and submits that the matter involves disputed questions of fact, which require consideration by the competent authority in accordance with law. He further submits that the application for spot inspection has been filed in the course of the execution proceedings and cannot be termed wholly without basis at this stage. He, therefore, submits that the petition may not be entertained at this stage and the respondents may be granted an opportunity to place their stand on record. 4. Having heard learned counsel for the parties and upon perusal of the record, this Court finds that the eviction order passed by the Rent Control Authority, Raipur has already been considered in the proceedings before this Court and that the Division Bench of this Court has also passed an order dated 13.05.2026 in W.P.(227) 4 No. 544 of 2026. In view thereof, this Court finds no impediment in giving effect to the orders passed by the Rent Control Authority, Raipur as well as by this Court. Accordingly, the concerned Tahsildar is directed to ensure due compliance with the aforesaid orders and to hand over possession of the house in question to the Petitioner within a period of 30 days from the date of receipt of a copy of this order. The concerned Tahsildar shall also submit a compliance report before the Registrar (Judicial) of this Court within the aforesaid period for placing the same before this Court for its perusal. 5. With this observation and direction, the petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge U.K. Raju