1 2026:CGHC:15489-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1524 of 2026 Seth Sultan Chand Nathmal Daga Dharamshal Trust Through- Its Trustee Shri Rajendra Daga S/o Late Shri Premratan Daga Aged About 62 Years R/o Plot No 314/313, Indira Vihar Beside Sbi Main Branch T.P. Nagar Korba Chhattisgarh, ... Petitioner versus 1 - State of Chhattisgarh Through Secretary Department of Urban Administration Mantralaya Nava Raipur District- Raipur (C.G.) 2 - Muncipal Corporation Dhamtari Through Its Commissioner Dhamtari District- Dhamtari (C.G.) ... Respondents ----------------------------------------------------------------------------------------------- For Petitioner : Mr. Vikram Sharma, Advocate For State/Respondent No.1 : Mr. Praveen Das, Addl. Adv. General For Respondent No.2 : Mr. Pankaj Agrawal, Advocate ----------------------------------------------------------------------------------------------- Hon'ble Mr. Ramesh Sinha, Chief Justice Hon'ble Mr. Ravindra Kumar Agrawal , Judge Order on Board Per Ramesh Sinha, Chief Justice 06.04.2026 1. Heard Mr. Vikram Sharma, learned counsel for the petitioner. Also heard Mr. Praveen Das, learned Additional Advocate General, appearing for the State/respondent No.1 and Mr. Pankaj Agrawal, learned counsel, appearing for respondent No.2. 2. The present petition has been filed by the petitioner under Article 226 of the Constitution of India, seeking following reliefs :- ROHIT KUMAR CHANDRA Digitally signed by ROHIT KUMAR CHANDRA 2 “10.1) That the Hon'ble Court may kindly be pleased to issue a writ of appropriate nature for the quashment of the impugned NIT dated 27.02.2026 (ΑNNEXURE P-11) issued by the Respondent Municipal Corporation Dhamtari bearing No NIT No 186590 for the purpose of calling Expression of Interest from the private developers under Public Private Partnership Model over the subject land where the Daga Dharamshala was established in the interest of justice. 10.2) That the Hon'ble Court may kindly be pleased to issue the writ of mandamus directing the respondent authorities (Respondent No 2) to decide the pending appeal dated 23.06.2025 (ANNEXURE P-9) filed under Section 403 as well as Section 404 of the Municipal Corporation Act 1956 expeditiously, in the interest of justice. 10.3) That the Hon'ble Court may kindly be pleased to issue the writ of mandamus directing the respondent authorities (Respondent No 2) to decide the pending application dated 08.07.2025 (ANNEXURE P-10) filed under Municipal Corporation Act 1956 expeditiously, in the interest of justice. 10.4) 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. 10.5) Cost of the petition may also be granted to the petitioner.” 3. Brief facts of the case are that the petitioner trust is established for the charitable purpose and it carries various social & religious activities for poor sections of society, in furtherance to the object of the trust, the petitioner has constructed the Dharamshala (operated in the name of Seth Nathmal Sultanchand Daga Dharmshala) over the land Plot No. 9 situated at Pantiganj Dhamtari granted on lease to the petitioner trust by executing the 3 lease deed dated 11.05.1923 by then Vice President of Municipal Committee of erstwhile Municipal Council Dhamtari now Municipal Corporation Dhamtari. The lease was allotted to the petitioner trust for the period of 90 years starting from 11.05.1923 on the Annual Rent of Re. 1, free of premium for charitable purpose, and as per the term of the lease the rooms were constructed in the Dharmshala, and three rooms were constructed for giving the same on rent as per the terms and condition of the lease so that, the rent received from renting the rooms can be utilized in the repair and maintenance of the Dharmshala. 4. The petitioner had given the three rooms of the said Dharmshala to the Prakhar TV Network on rent, due to which a show cause notice was issued to the petitioner by the Respondent Municipal Corporation 08.05.2008, which was replied by the petitioner on 22.05.2008 by specifically stating that no breach of lease condition has been committed by the petitioner, however, the respondent authorities passed the resolution No. 12 dated 13.01.2009 cancelling the lease deed executed. Being aggrieved by the same, an appeal was preferred before the appellate committee against the order dated 13.01.2009 which was dismissed on 08.04.2010 and challenging the same the writ petition was filed bearing No. WPC/3422/2010 and in the said writ petition, an interim order was granted in favour of the petitioner on 12.07.2010 and finally the writ petition was disposed of by the Hon'ble Court on 14.08.2024 by directing the respondent Corporation to consider 4 the application for renewal of the lease, without being influenced by the resolution dated 13.01.2009 as well as the order of appellate authority dated 08.04.2010 passed by the Collector, Dhamtari, by further directing the Respondent Municipal Corporation that, the respondent are expected to consider the representation of the petitioner in view of the fact that this court has granted interim relief in favour of the petitioner 12.07.2010, which is still in operation, and as such, it is directed that the respondents may consider and decide the representation of the petitioner for grant of lease in respect of property in dispute on its own merits, in accordance with law. 5. Pursuant to the order dated 14.08.2024 passed by this Court, the respondent Corporation has asked the petitioner trust to submit the application for the renewal of the lease within 15 days, in compliance of the same, on 30.12.2024 the application for the renewal of the trust deed was submitted by the petitioner and ultimately on 11.06.2025, the survey was carried out by the members of the Corporation, and finally on 13.06.2025 the Municipal Corporation Dhamtari has passed the order by virtue of which the application for the renewal of the lease was rejected and the structure of the petitioner trust was demolished on 19.06.2025. The petitioner trust have filed the contempt petition against the illegal demolition which was registered as Cont. (Civil) No. 1319/2025 and the same was dismissed on 20.08.2025. Prior to filing the contempt, the petitioner trust has filed the appeal before 5 the Appellate Committee under Section 403 of the Chhattisgarh Municipal Corporation Act, on 23.06.2025 as well as filed the application for the stay also under section 404 of the Act of 1956 on 23.06.2025 itself and since the appeal before the appellate committee is pending for more than six months, and no hearing has started on the application, and on other hand the Respondent Municipal Corporation is proceedings towards the allotment of the subject land by calling Expression of Interest/NIT from interested person by issuing NIT vide dated 27.02.2026, the instant petition has been preferred by the petitioner seeking aforementioned reliefs. 6. Learned counsel for the petitioner submits that the land was allotted to the petitioner trust in the year 1923 on lease, and since then the petitioner trust has operated the Dharamshala there which was illegally demolished by the authorities of the Municipal Corporation. He further submits that the Statutory remedy of appeal is already availed by the petitioner trust, as per the provision of the Act of 1956, and as per the provision of Section 404 if the appeal committee is not sitting then the order appealed against remain suspended and to that effect the application under Section 404 was also filed by the petitioner trust which is also pending since 23.06.2025. 7. On a pointed query being asked to learned counsel, appearing for respondent No.2 / Municipal Corporation, Dhamtari as to whether 6 there any Appellate Committee is functioning or not, he submits that the Appellate Committee has been constituted recently and as on date it is functioning. 8. In that view of the matter, Appellate Committee of the respondent Corporation is directed to decide and dispose of the appeal preferred by the petitioner under Section 403 of the Act of 1956 as well as the application for the stay filed under section 404 of the Act of 1956 on 23.06.2025, which are stated to be pending, preferably within a period of one week from the date of receipt of a certified copy of this order as the fresh NIT has already been issued on 27.02.2026 and last date of which has already been expired on 02.04.2026 and the petitioner has approached this Court for intervention before the expiry of last date of NIT. 9. With the aforesaid observation and directed, the instant petition stands disposed of. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Chandra