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2026 DAILYLAW 7452 (CHH)

PRINCIPAL, v. STATE OF CHHATTISGARH

WA/332/2026 · 2026-04-23

Shri Ravindra Kumar Agrawal

body2026

Judgment text

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1 2026:CGHC:18847-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WA No. 332 of 2026 1 - Principal, Geetanjali Sangeet Mahavidyalaya, Through Shri V.N. Bhole S/o Late N.N. Bhole, Aged About 75 Years, Occupation- Principal, Geetanjali Sangeet Mahavidyalaya Kasaridih, Civil Lines, Durg (C.G.) ... Appellant versus 1 - State of Chhattisgarh Through- Secretary, Department of School Education, Mahanadi Bhawan, Mantralaya, Capital Complex, New Raipur, District (C.G.) 2 - Collector, District Durg (C.G.) 3 - District Education Officer, Durg District Durg (C.G.) 4 - Block Education Officer, Durg District Durg (C.G.) ... Respondents (Cause title taken from Case Information System) For Petitioner : Mr. Ashok Patil, Advocate. For State : Mr. Prasun Bhaduri, Deputy Advocate General. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri R avindra Kumar Agrawal, Judge Order on Board Per Ramesh Sinha, C.J. 24-04-2026 Digitally signed by MOHAMMED AADIL KHAN Date: 2026.04.25 19:39:38 +0530 2 1. The present writ appeal has been filed by the appellant against the order dated 09-02-2026 passed by the learned Single Judge in WPC No.507 of 2026 whereby the writ petition filed by the petitioner (present writ appellant) has been disposed of with the following observation:- “5. Taking into consideration the fact that a private college is being run in the government building, therefore, in my opinion, the Block Education Officer rightly issued notice to the petitioner to vacate the premises within 02 days, but taking into consideration the fact that the examinations are scheduled on 07th & 08th of February 2026, the petitioner is granted 07 days time to make alternative arrangement. 6. Accordingly, the petition is disposed of.” 2. The facts as mentioned in the writ petition are that, the petitioner institute is a college, Geetanjali Sangeet Mahavidyalaya, Kasaridih, Civil Lines Durg (C.G.), which is affiliated with Indira Kala Sangeet Vishwavidyalaya, Khairagarh. It is further case of the petitioner that the petitioner institute is registered under the Society Registration Act, 1973 in the month of January, 1981 and its registered office is at Kasaridih, Durg. It has been contended in the petition that final allotment was completed by the Municipal Corporation of school building for its music college purpose and the same is allotted to the petitioner institute on 23-02-1980. The 3 Indira Kala Sangeet Vishwavidyalaya, Khairagarh issued letter dated 18-05-2023 regarding recommendation/recognition of the petitioner institute. The concern Indira Gandhi Kala Sangeet Vishwadidyalaya Khairagah also issued a time table for conducting the examination in the year 2025-26 in which date is fixed for written examination and starts from 07-02-2026 to 08-02- 2026 and the petitioner institute has already deposited affiliation fees to Indira Gandhi Kala Sangeet Vishwadidyalaya Khairagah and admit cards for appearance of the students in the examination has already been issued. However, vide impugned memo/communication dated 27-01-2026 respondent No.4 directed the petitioner to vacate the premises within 02 days. The contention of the petitioner is that as the building was allotted by the CMO Municipal Corporation, Durg, therefore, respondent No.4/the Block Education Officer has no authority to issue a memo/direction for vacant the premises. 3. Learned counsel for the writ appellant submits that the impugned order has been passed without going into merits of the case and considering the relevant rules. The building was allotted by the Municipal Corporation and the Block Education Officer has no authority to issue such memo/direction to vacant the same. 4. On the other hand, learned counsel for the State supported the impugned order. 5. We have heard learned counsel for the parties and perused the 4 impugned order and the material annexed with the writ appeal as well as the writ petition. 6. From perusal of the documents, it transpires that the petitioner institute, which is a private college, is running on the Government building and vide memo/communication dated 27-01-2026 respondent No.4 has directed to vacate the premises within a stipulated period. The petitioner could not make out any valid and sufficient ground to substantiate its case. 7. Upon perusing the impugned order, we notice that the same has been rendered by the learned Single Judge with cogent and justifiable reasons. In an intra-court appeal, no interference is usually warranted unless palpable infirmities are noticed. Learned Single Judge while disposing of the writ petition by the impugned order has adverted to all the facts of the case. 8. From the foregoing reasons, we do not find any sufficient ground to interfere with the impugned order passed by learned Single Judge and the present writ appeal liable to be and is hereby dismissed. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Aadil