1 2026:CGHC:15953 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2932 of 2020 1 - Bharat Lal Sanjay S/o Shri Nanhuram Sanjay Aged About 32 Years R/o Village Chikhli, Tahsil Pusaur District Raigarh Chhattisgarh., District : Raigarh, Chhattisgarh. ... Petitioner(s) versus 1 - Gram Panchayat Chikhli Through Sarpanch, Gram Panchayat Chikhli, Janpad Panchayat Pusaur, Raigarh, District Raigarh Chhattisgarh., District : Raigarh, Chhattisgarh 2 - The Secretary Gram Panchayat Chikhli, Janpad Panchayat Pusaur, Raigarh District Raigarh Chhattisgarh., District : Raigarh, Chhattisgarh ... Respondent(s) For Petitioner(s) : Mr. Vivek Kumar Pandey, Advocate. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 08/04/2026 1. By way of this petition, the petitioner has prayed for following reliefs:- “10.1 The Hon'ble Court may kindly be pleased to set- aside the order impugned dated 13.11.2020 (Annexure P-1) passed by the respondent no. 1 with the direction to RAGHVENDRA JAT Digitally signed by RAGHVENDRA JAT 2 provide at least one last opportunity to deposit the arrears of rent. 10.2 The Hon'ble Court may kindly be pleased to direct the respondent no. 1 to consider the application of the petitioner in humanity grounds (Annexure P-4). 10.3 That, the Hon'ble Court may kindly be pleased to grant any other relief, as if may deem fit and appropriate. 10.4 Cost of the petition may also be given.” 2. Brief facts of the case, is that, the petitioner challenges the legality, validity, and propriety of the impugned order dated 13.11.2020, passed by respondent No. 1, whereby the allotment of Shop No. 9 situated in the Shopping Complex at Village Chikhli, District Raigarh (C.G.) has been cancelled and the security amount forfeited on the ground of non-payment of rent for the period from June 2018 to October 2020, which action is wholly without jurisdiction and authority of law. It is respectfully submitted that upon receiving a letter/notice from respondent No. 1 regarding arrears of rent, the petitioner, on 09.11.2020, submitted an application seeking a period of two months to clear the outstanding dues; however, the said application was neither considered nor decided, and the impugned order was hastily passed cancelling the allotment. It is further submitted that due to the unprecedented COVID-19 pandemic and consequent lockdown imposed from 23.03.2020 to October 2020, the petitioner’s shop remained largely closed, and being the sole 3 source of livelihood for the petitioner and his family, he suffered severe financial hardship. The petitioner states that he was allotted Shop No. 9 in the year 2008 through an auction conducted by respondents No. 1 and 2, pursuant to which he deposited a security amount of Rs. 50,500/- and has been running a barber shop therein, regularly paying rent up to May 2018. Upon receipt of the notice dated 28.09.2020 regarding arrears, the petitioner not only submitted a written application dated 09.11.2020 seeking time but also personally requested the authorities, explaining his precarious financial condition due to the pandemic and the difficulty in operating his shop amid rising COVID-19 cases in the district. Despite these genuine and compelling circumstances, respondent No. 1, without considering the petitioner’s request or the prevailing humanitarian situation, passed the impugned order without affording even a final opportunity to deposit the arrears. Hence, the petitioner has approached this Hon’ble Court seeking quashment of the impugned order dated 13.11.2020 and a direction to the respondents to grant one last opportunity to the petitioner to deposit the entire outstanding rent. 3. Learned counsel for the petitioner submits that a shop was duly allotted to the petitioner by the concerned Gram Panchayat, and the petitioner has been carrying on his business therein as a means of earning his livelihood. It is further submitted that, owing to non-deposit of certain rent for some period, an eviction order 4 came to be passed against the petitioner, accompanied by a notice stipulating that in the event of failure to deposit the outstanding rent, the allotment of the shop would be cancelled in accordance with the resolution passed by the Gram Panchayat. However, learned counsel submits that the petitioner has since deposited the requisite rent amount and is presently continuing to run the said shop, and therefore, the impugned action of eviction is unjustified and liable to be reconsidered. 4. I have heard learned counsel for the petitioner and perused the material available on record. 5. In the considered view of this Court, nothing survives for adjudication in the present petition, and accordingly, the petition, having become infructuous, is hereby disposed of. However, liberty is reserved in favour of the petitioner to approach this Court again in the event of any subsequent exigency or if the need so arises in accordance with law. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat