Research › Search › Judgment

High Court of Chhattisgarh · body

2026 DAILYLAW 6322 (CHH)

GURPREET SINGH CHHABRA v. STATE OF CHHATTISGARH

WPC/1677/2026 · 2026-04-09

Shri Amitendra Kishore Prasad

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2026:CGHC:16593 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1677 of 2026 1 - Gurpreet Singh Chhabra S/o Shri Sardar Harcharan Singh Chhabra Aged About 41 Years R/o Kelkarpara, Station Road, Raipur, Distt.- Raipur (C.G.). 2 - Amarjeet Kaur Chhabra W/o Shri Sardar Harcharan Singh Chhabra Aged About 57 Years R/o Kelkarpara, Station Road, Raipur, Distt.- Raipur (C.G.). ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secreary, Department Of Revenue, Indravati Bhawan, New Mantralaya, Atal Nagar, New Raipur (C.G.). 2 - The Learned Rent Control Officer Raipur, District- Raipur, Chhattisgarh. 3 - The Collector District - Raipur, Chhattisgarh. 4 - Ramawtar Kacchwal S/o Late Shri Mahaveer Prasad Kacchwal (Not Mentioned In Order Sheet), Firm-M.P. Polyprint And Pack Panjab Sundar Market R/o Station Road, Raipur, Distt.- Raipur (C.G.). ... Respondent(s) For Petitioner(s) : Mr. Vimal Pathak, Advocate. For Respondent(s)/State : Mr. Amit Nayak, PL Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board RAGHVENDRA JAT Digitally signed by RAGHVENDRA JAT 2 10/04/2026 1. By way of this petition, the petitioner has prayed for following reliefs:- “10.1 That, this Hon'ble High Court may kindly be pleased to issue a direction to Respondent No. 2 (Learned Rent Control Officer, Raipur) to proceed with the expedited disposal of the pending case (Rent Control Case No. 96-90(6), Year 2021-22) and pass a final reasoned order within a preferrable period of six (6) weeks from the date of receipt of this Court's direction. 10.2 That, this Hon'ble High Court may kindly be further pleased to direct Respondent No. 2 to complete all necessary hearings, evidence examination, cross- examination, and adjudication within the stipulated period and communicate the decision to the petitioner in writing. 10.3 That any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the cost of the petition may be given.” 2. Brief facts of the case, is that, the petitioner (hereinafter referred to as the “Landlord”) has a case pending before the learned Rent Control Officer, Raipur, in respect of matters governed by the Chhattisgarh Rent Control Act, 2011 and allied provisions, wherein the petitioner has instituted proceedings against Respondent No. 4 (hereinafter referred to as the “Tenant”) seeking eviction from the tenanted premises as well as recovery of arrears of rent, 3 which have remained pending since the year 2022. It is submitted that despite the lapse of nearly four years, the proceedings have not witnessed any substantial or meaningful progress, thereby causing serious financial loss, mental stress, and occupational hardship to the petitioner. The continued pendency of the matter has adversely affected the petitioner’s financial stability and overall welfare, necessitating expeditious adjudication. Hence, the present petition has been filed seeking issuance of an appropriate direction to Respondent No. 2 to ensure early and time-bound disposal of the case pending before the said authority. Hence, this petition. 3. Learned counsel for the petitioner submits that an application under Section 12(2) of the Chhattisgarh Rent Control Act was duly filed before the Rent Control Authority on 5th May, 2022; however, the same has not been decided till date, despite the matter having been listed on several occasions. It is further submitted that on the last date of hearing, i.e., 03.01.2026, the case was fixed for recording of evidence, yet no substantial progress has been made towards its final adjudication. It is contended that the Act prescribes a specific time frame for disposal of such applications, which is mandatory in nature unless there exist plausible and justifiable reasons for delay; therefore, the concerned respondent authority is under a statutory obligation to decide the matter within the stipulated period as envisaged under the Act. However, in the present case, the said mandate has not been adhered to by the 4 Rent Control Authority, Raipur, resulting in undue and prolonged pendency of the proceedings. 4. On the other hand, learned counsel appearing for the State opposes the submissions advanced on behalf of the petitioners and contends that the relief sought is misconceived, untenable in law, and devoid of merit, and therefore does not warrant any interference by this Hon’ble Court. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the facts and circumstances of the case, and further taking into account that the matter has been kept pending without any justifiable reason, this Court deems it appropriate to issue necessary directions to the concerned Rent Control Authority, Raipur, for expeditious disposal of the proceedings. It is pertinent to note that under Section 9 of the Chhattisgarh Rent Control Act, 2011, a specific period of six months is prescribed for deciding such applications from the date of the first appearance of the respondent pursuant to summons. From a perusal of the order sheet, it is evident that the respondent had entered appearance through his counsel, Mr. Neeraj Gupta, on 27.09.2023; accordingly, the matter ought to have been decided within a period of six months from the said date. However, despite the lapse of more than two years thereafter, no final adjudication has taken place. In view of the above, the concerned respondent authority is hereby directed to consider and decide the pending 5 application strictly in accordance with law within a period of two months from the date of receipt of a copy of this order. 7. It is hereby made clear that the concerned respondent authorities are under a statutory obligation to decide the matter within the period prescribed under the applicable law, and they are not at liberty to deviate from or disregard the mandate of the said Act, except for duly justified and legally sustainable reasons. 8. With this observation and direction, the writ petition is disposed of. SD/- (Amitendra Kishore Prasad) Judge Raghu Jat