1 CGHC010276232026 2026:CGHC:40697 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3761 of 2026 Shivkumar Chandravnshi S/o Late Dulari Chandravanshi Aged About 50 Years R/o Village- Bhareli, Police Station- Pandatarai, Tehsil- Bodla, District- Kabirdham, C.G. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Urban Administration And Development Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District- Raipur, C.G. 2 - The Sub-Divisional Magistrate Bodla, District- Kabirdham, C.G. 3 - The Tahsildar Bodla, District- Kabirdham, C.G. 4 - Mr. Vinod Chandravanshi S/o Shiv Chandravanshi Aged About 26 Years R/o Shyam Nagar Lingiyadih Bilaspur, Present Address- Village Nevariguda, Police Station- Pipariya, Tahsil- Kawardh, District- Kabirdham, C.G. ... Respondent(s) For Petitioner(s) : Mr. Chandrikaditya Pandey, Advocate For State/Respondent : Mr. Shobhit Mishra, Dy. G.A. For Respondent No. 4 : Mr. Ashutosh Mishra, Advocate S B: Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 17/09/2026 Digitally signed by AMIT PATEL Digitally signed by AMIT PATEL 2 1. The present petition has been filed by the petitioner seeking the following reliefs:- “ 10.1 That, this Hon'ble Court may kindly be pleased to issue an appropriate writ, order or direction, particularly in the nature of Certiorari, quashing and setting aside the impugned order dated 16.10.2025 passed by the learned Sub-Divisional Magistrate, Bodla, in Case No. B-121 of 2023-24, being illegal, arbitrary, without jurisdiction, contrary to the principles of natural justice and the settled principles of law as it is in violation of provisions under Chhattisgarh Rent Control Act, 2011. 10.2 That, this Hon'ble Court may kindly be pleased to issue an appropriate writ, order or direction holding that the learned Sub-Divisional Magistrate had no jurisdiction to adjudicate disputed questions relating to the execution of the alleged agreement, passing of consideration, fraud, misrepresentation contractual rights, which can only be adjudicated by a competent Civil Court after recording evidence. 10.3 That, this Hon'ble Court may kindly be pleased to pass an order staying the effect and operation, implementation and execution of the impugned order dated 16.10.2025, along with all consequential 3 proceedings, including any recovery or coercive action, during the pendency of the present writ petition. 10.4 That, this Hon'ble Court may kindly be pleased to direct the respondents not to take any coercive steps against the petitioner, including attachment of movable or immovable property, bank accounts or any other mode of recovery pursuant to the impugned order, during the pendency of the present proceedings. 10.5 That, this Hon'ble Court may kindly be pleased to award costs of the present writ petition in favour of the petitioner. 10.6 That, this Hon'ble Court may kindly be pleased to pass such other and further writ, order or direction as this Hon'ble Court may deem fit, just and proper in the facts and circumstances of the case, in the interest of justice.” 2. Learned counsel appearing for the respondent-State as well as respondent No. 4 fairly submit that the order dated 16.10.2025 passed by the Sub-Divisional Magistrate, Bodla, was without jurisdiction, as the said authority had no jurisdiction to pass an order in respect of matters governed by the Chhattisgarh Rent Control Act, 2011 (for short, “the Act of 2011”). It is further submitted that respondent No. 4 would be required to approach the competent Civil Court for seeking eviction of the petitioner in accordance with the law. 4 3. Accordingly, in view of the fair submission made by learned counsel for respondent No. 4, the present petition is allowed. However, liberty is reserved in favour of respondent No. 4 to institute an appropriate suit before the Civil jurisdictional Court having jurisdiction in accordance with law, for eviction of the petitioner as well as for recovery of rent. SD/- (Amitendra Kishore Prasad) Judge AMIT PATEL