Disposed

Gopal Prasad Agrawal v. State of Chhattisgarh and Ors.

Chhattisgarh HC18 Feb 2019WP/3965/2005

Case brief

AI extract

What is this about?

High Court of Chhattisgarh disposed of a writ petition seeking renewal of a shop lease. The petition was disposed of with a direction to the respondent Municipal Corporation to decide the application expeditiously. The court specified that if an adverse order is passed, an opportunity of hearing must be provided.

What did the court decide?

Direction to the Municipal Corporation to decide the application for lease renewal expeditiously by a reasoned order and provide an opportunity of hearing for any adverse decision.

Gopal Prasad Agrawal Vs State of Chhattisgarh and… — Landlord and Tenant | Chhattisgarh HC (2019)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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WP No. 3965 of 2005

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Gopal Prasad Agrawal, aged about 66 years, S/o. Late Shri Gyarashilal Agrawal, R/o. Ramadhin Marg, District Rajnandgaon (C.G.)

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---- Petitioner

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Versus

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State Of Chhattisgarh, Through Secretary, Urban Administration and Development, D.K.S. Bhavan, Raipur (C.G.)

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Rajnandgaon Municipal Corporation, Through its commissioner, Rajnandgaon, District Rajnandgaon (C.G.)

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---- Respondents

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For Petitioner:Shri Yash Mourya, Advocate. For Respondent/State Shri Anmol Sharma, PL For Respondent No.2Shri Sourabh Sharma, Advocate.

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Order On Board

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Prashant Kumar Mishra, J.

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18/02/2019

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The writ petition has been preferred for a direction to the respondent No. 2 Municipal Corporation, Rajnandgaon to renew the lease for the petitioner's shop situated at Near Raipur Naka, Rajnandgaon.

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The shop was leased out to the petitioner for a period of 10 years w.e.f., 01.02.1979, which was subsequently, renewed for another period of 10 years on 01.02.1995. His application for further renewal filed in December, 2004 was considered but the resolution was

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passed on 26.07.2005 (Annexure R/2-A) for not renewing the lease. However, subsequently, another resolution was passed on 28/02/2009 (Annexure P8 with rejoinder) recommending renewal of the lease, but due to pendency of the writ petition, the Corporation has not taken any final decision in the matter.

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In the document Annexure R/2-A, the Corporation mentioned that a shopping complex is proposed to be constructed over the subject area, therefore, the lease cannot be renewed. However, there is no mention of construction of any complex in the subsequent resolution Annexure-P/8. Therefore, it is for the Corporation to decide the issue consciously depending upon its own future planning for the area.

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For all the above stated reasons, instead of keeping this petition pending, I deem it appropriate to dispose of the writ petition with direction to the Municipal Corporation to decide the petitioner's application for renewal of the lease of the shop situated at Near Raipur Naka, Rajnandgaon, expeditiously, by a reasoned order. If the Corporation decides to pass any adverse order against the petitioner, it shall provide an opportunity of hearing to the petitioner.

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Accordingly, the writ stands disposed of. No order as to costs.

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Ayushi

Gopal Prasad Agrawal v. State of Chhattisgarh and Ors.

Case brief

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Gopal Prasad Agrawal v. State of Chhattisgarh and Ors.

Case brief

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