Dismissed¶29

Gurdeep Singh Bhatia v. Smt. Balbeer Kaur

Chhattisgarh HC11 Mar 2024WPC/1428/2024

Case brief

AI extract

What is this about?

Chhattisgarh High Court writ petition dismissed; Article 226; Chhattisgarh Rent Control Tribunal Raipur order 29.02.2024; appeal against Rent Controlling Authority Rajnandagaon eviction order 27.02.2019 dismissed as barred by limitation; condonation refused; inordinate delay of 05 years not satisfactorily explained; HPCL dealer; prior writ petition WPC-3310-2022 dismissed on merits 11.12.2023; no costs.

What did the court decide?

The inordinate delay of 05 years in filing the appeal before the learned Tribunal against the order dated 27.02.2019 has not been explained satisfactorily. ¶28

Gurdeep Singh Bhatia Vs Smt. Balbeer Kaur — Writ and Judicial Review | Chhattisgarh HC (2024)

What the court decided

AI extract

Outcome

Dismissed

¶29

Issue for consideration

Whether the inordinate delay of 05 years in filing the appeal before the learned Tribunal against the order dated 27.02.2019 was sufficiently explained. +1 more

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Court's answer

The inordinate delay of 05 years in filing the appeal before the learned Tribunal against the order dated 27.02.2019 has not been explained satisfactorily.

¶28

Ratio / Principle

The petitioner's substantive writ petition (WPC-3310-2022) has already been dismissed on merits by order of this Court dated 11.12.2023.

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Key takeaways

No good ground exists to entertain the writ petition warranting interference of this Court in the findings recorded by the learned Tribunal in the impugned order dated 29.02.2024.ratio¶28

Detailed headnote1 paragraphs

Writ Petition (Civil) No. 1428 of 2024, High Court of Chhattisgarh, Bilaspur (Division Bench: Sanjay K. Agrawal and Sanjay Kumar Jaiswal), order on board 12.03.2024. Gurdeep Singh Bhatia, proprietor of M/s G.S. Bhatia and Company, dealer of Hindustan Petroleum Corporation Ltd., versus Smt. Balbeer Kaur, Hindustan Petroleum Corporation Limited and Regional Manager. Petition under Article 226 of the Constitution of India against the order dated 29.02.2024 of the Chhattisgarh Rent Control Tribunal, Raipur, dismissing the petitioner's appeal against the eviction order dated 27.02.2019 passed by the Rent Controlling Authority, Rajnandagaon directing Hindustan Petroleum Corporation Limited to evict the suit premises, the appeal having been filed after an inordinate delay of 05 years held not sufficiently explained. Counsel argued that the delay was explained by the pendency of the petitioner's earlier WPC-3310-2022 (M/s. G.S. Bhatia and Company v. Union of India), which had challenged the Tribunal's order dated 15.07.2022 rejecting the application for quashment of the eviction order. The Court found that WPC-3310-2022 had already been dismissed on merits by order dated 11.12.2023, that the 05-year delay remained unsatisfactorily explained, and that no good ground existed to entertain the writ petition or interfere with the Tribunal's findings. Writ petition dismissed without notice to the other side; no costs.

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Page No.1 of 3 IN [Writ Petition (Civil) No.1428 of 2024]

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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Writ Petition (Civil) No. 1428 of 202 4

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Gurdeep Singh Bhatia S/o Late Sardar Rawel Singh Aged About 60 Years Proprietor Of M/s G.S. Bhatia And Company, Dealer Of Hindustan Petroleum Corporation Ltd., G.E. Road, Rajnandgaon, Tahsil And District Rajnandgaon, Chhattisgarh

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---- Petitioner

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Versus

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Smt. Balbeer Kaur, W/o Late Surendra Singh, D/o Late Amar Garcha, Citizen of Britain (British Citizen), R/o 5A, Model Town, Patiala, Punjab.

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Hindustan Petroleum Corporation Limited, through Regional General Manager, Regional Officer- Hindustan Petroleum Corporation Ltd., LIC Investment Building, Phase-II, Near EPFO Office, 4^th Floor, Pandri, Raipur, District: Raipur, Chhattisgarh

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Regional Manager, Regional Office Hindustan Petroleum Corporation Company Limited, Regional Office- Hindustan Petroleum Corporation Ltd., LIC Investment Building, PhaseII, Near EPFO Office, 4^th Floor, Pandri, Raipur, District : Raipur, Chhattisgarh

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---- Respondents

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(Cause-title taken from Case Information System)

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For Petitioner : Mr. Ravi Bhagat, Advocate For Respondents : Mr. Ali Asgar, Advocate

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Division Bench

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Hon'ble Shri Justice Sanjay K. Agrawal and Hon'ble Shri Justice Sanjay Kumar Jaiswal

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Order on Board (12.03.2024)

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Sanjay K. Agrawal, J

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1. Heard.

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2. This writ petition filed under Article 226 of the Constitution of India is directed against the order dated 29.02.2024 (AnnexureP/01), passed by the Chhattisgarh Rent Control Tribunal, Raipur

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Page No.2 of 3 IN

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[Writ Petition (Civil) No.1428 of 2024]

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(for short the “Tribunal”), whereby petitioner’s appeal against the order dated 27.02.2019, passed by the Rent Controlling Authority, Rajnandagaon directing Hindustan Petroleum Corporation Limited to evict the suit premises, has been dismissed being barred by limitation, as the same was filed after an inordinate delay of 05 years, which is held to be not sufficiently explained.

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3. Mr. Ravi Bhagat, learned counsel appearing for the petitioner would submit that since the petitioner has earlier filed WPC-33102022 (M/s. G.S. Bhatia and Company v. Union of India) before this Court, which at the relevant time was pending consideration, therefore, the appeal of the petitioner before the learned tribunal could not be preferred within time and, therefore, the delay occurred in filing the same has duly be explained. As such, impugned order dated 29.02.2024 is liable to be set aside and present writ petition deserves to be allowed.

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4. We have heard learned counsel for the petitioner, considered his rival submissions made hereinabove and went through the record with utmost circumspection.

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5. Admittedly, the Rent Controlling Authority has passed an order of eviction against the petitioner and his company (HPCL), dated 27.02.2019. Earlier, petitioner’s company has preferred WPC-3310-2022 before this Court, wherein an order dated 15.07.2022, passed by the learned tribunal rejecting their application seeking quashment of the said order dated 27.02.2019,

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Page No.3 of 3 IN

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[Writ Petition (Civil) No.1428 of 2024]

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was challenged. However, the said writ petition (WPC-3310-2022) has already been dismissed on merits by order of this Court dated 11.12.2023 (Annexure-P/5). Since petitioner’s substantive writ petition has already been dismissed by this Court and inordinate delay of 05 years in filing appeal before the learned tribunal against the order dated 27.02.2019 has not been explained satisfactorily, we do not find any good ground to entertain this writ petition which warrants interference of this Court in the findings recorded by the learned Tribunal in impugned order dated 29.02.2024.

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6. The writ petition is liable to and is accordingly dismissed without notice to the other side. No cost.

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Sd/Sd/- (Sanjay K. Agrawal) (Sanjay Kumar Jaiswal) Judge Judge

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s@if

Gurdeep Singh Bhatia v. Smt. Balbeer Kaur

Case brief

What is this about?

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Gurdeep Singh Bhatia v. Smt. Balbeer Kaur

Case brief

What is this about?

What did the court decide?

What the court decided

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