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2026 DAILYLAW 39053 (CHH)

NANDKUMAR DEWANGAN v. TULSI DEWANGAN

WP227/1301/2026 · 2026-10-07

Shri Santosh Sharma

body2026

Judgment text

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1 CGHC010396092026 2026:CGHC:43614-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP(227) No. 1301 of 2026 Nandkumar Dewangan S/o Late Kanhaiyalal Dewangan, Aged About 58 Years R/o Near Hanuman Mandir, Rani Road, Champa, Tehsil Champa, District Jangir Champa, Chhattisgarh. ... Petitioner versus 1 - Tulsi Dewangan S/o Late Sodhuram Dewangan Aged About 66 Years All R/o Near Hanuman Mandir, Rani Road Champa, Tehsil Champa, District Janjgir Champa Chhattisgarh. 2 - Rajendra Dewangan S/o Late Sodhuram Dewangan Aged About 62 Years R/o Near Hanuman Mandir, Rani Road Champa, Tehsil Champa, District Janjgir Champa Chhattisgarh. 3 - Tarachand Dewangan S/o Late Sodhuram Dewangan Aged About 60 Years R/o Near Hanuman Mandir, Rani Road Champa, Tehsil Champa, District Janjgir Champa Chhattisgarh. 4 - Mangalchand Dewangan S/o Late Sodhuram Dewangan Aged About 56 Years R/o Near Hanuman Mandir, Rani Road Champa, Tehsil Champa, District Janjgir Champa Chhattisgarh. ... Respondents For Petitioner : Ms. Gopika Kaul, Advocate through Video Conferencing For Respondents : ... Hon’ble Mr. Krushna Ram Mohapatra, Chief Justice Hon’ble Mr. Santosh Sharma, Judge Order on Board BINI PRADEEP Digitally signed by BINI PRADEEP Date: 2026.10.09 10:45:06 +0530 2 Per : Krushna Ram Mohapatra, Chief Justice 08.10.2026 1. The petitioner in this writ petition, seeks to assail the Order dated 10.08.2026 (Annexure-P/1) passed by Chhattisgarh Rent Control Tribunal, Raipur (CG) in appeal (unregistered of 2026) dismissing the appeal on the ground of delay and thereby confirming the order dated 03.10.2024 (Annexure-P/2) passed by Sub Divisional Officer (Revenue)-cum-Rent Controller, Champa, Distt. Janjgir-Champa (CG) in Case No.202111061300068/B-121/2023-24 . 2. In course of hearing, learned counsel for the petitioner-tenant submits that the petitioner has a remedy under Section 10(1)(c) of the Chhattisgarh Rent Control Act, 2011, to file a review before the Rent Control Authority. Hence, she prays for an adjournment to withdraw the writ petition to move the Rent Control Authority for review of the order under the aforesaid provision. It is her submission that the observation made by the learned Tribunal in the impugned order under Annexure-P/1, should not stand on the way of deciding the review petition. She further submits that delay in filing the review petition should be considered liberally. 3. Taking note of the submission made by learned counsel for the petitioner, this Court disposes of the writ petition as withdrawn observing that in the event any application for review of the order passed under Annexure-P/2 by the Rent Control Authority is filed within a period of two weeks, along with an application for condonation of delay, the same shall be considered without being influenced by any observation made by the appellate Tribunal. Delay in filing the review 3 petition be considered taking note of the period consumed in adjudication of the appeal before the Rent Control Tribunal and pendency of the present writ petition. Sd/- Sd/- (Santosh Sharma) (Krushna Ram Mohapatra) Judge Chief Justice Bini