Disposed¶28

Jatin Dodeja v. Rent Control Authority

Chhattisgarh HC5 Apr 2025WP227/262/2026

Case brief

AI extract

What is this about?

Direction to decide preliminary objection before proceeding; Rent Controlling Authority Korba; Section 4 Chhattisgarh Rent Control Act 2011; absence of written agreement; maintainability of application for vacant possession; objection dated 17.07.2025 Annexure P/3; opportunity of hearing; writ petition disposed; interim order vacated; Single Judge Ravindra Kumar Agrawal; WP227 No. 262 of 2026; Case No. 202412050100044/2024-2025/A-90.

What did the court decide?

Writ petition disposed of with a direction to the Rent Controlling Authority to decide the petitioner's preliminary objection dated 17.07.2025 (Annexure P/3) in accordance with law on its own merits, and to decide that objection before proceeding further with the case, after giving opportunity of hearing to the parties concerned; interim order, if any, stands vacated. ¶28

Jatin Dodeja Vs Rent Control Authority — Chhattisgarh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶28

Issue for consideration

Whether the Rent Controlling Authority, Korba ought to first decide the petitioner's preliminary objection dated 17.07.2025, regarding maintainability of Respondent No.2's application for vacant possession (raised under Section 4 of the Chhattisgarh Rent Control Act, 2011 on the ground of absence of a written agreement), before proceeding further with the case.

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Court's answer

It is appropriate to direct the Rent Controlling Authority to decide the preliminary objection dated 17.07.2025 (Annexure P/3) in accordance with law on its own merits.

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Ratio / Principle

The Rent Controlling Authority shall decide the preliminary objection dated 17.07.2025 first, in accordance with law after giving opportunity of hearing to the parties concerned, before proceeding further with the case.

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Key takeaways

Any interim order operating in the matter stands vacated.ratio¶29

Detailed headnote1 paragraphs

Writ Petition (WP227 No. 262 of 2026, High Court of Chhattisgarh, Ravindra Kumar Agrawal, J.) disposed of. The petitioner, non-applicant before the Rent Controlling Authority, Korba, sought a direction that his preliminary objection dated 17.07.2025, raised under Section 4 of the Chhattisgarh Rent Control Act, 2011 (that in absence of any written agreement between the parties the proceedings cannot be continued), be decided before the Authority proceeds with Respondent No.2's application for vacant possession of the suit premises (Case No. 202412050100044/2024-2025/A-90). Held: since Respondent No.2 raised no objection to such a course, the Authority was directed to decide the preliminary objection in accordance with law on its own merits, and to decide it first, before proceeding with the case, after giving opportunity of hearing to the parties concerned. Interim order, if any, vacated.

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Digitally signed by ALOK ALOK SHARMA SHARMA Date:2026.04.07 15:20:43 +0530

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2026:CGHC:15658

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WP227 No. 262 of 2026

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1 - Jatin Dodeja S/o Late Anil Dodeja Aged About 37 Years (Surname Wrongly Mentioned In The Order Sheet As Dubeja), R/o Power Imperia Blue, Quarter No. C-4, Sharda Vihar Korba, P.O. Korba, Tehsil And Distt. Korba, Chhattisgarh.

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... Petitioner(s)

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versus

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1 - Rent Control Authority, Korba, Sdo(R), Korba, Tahsil And Distt. Korba, Chhattisgarh.

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2 - Jorawar Singh Dhillon S/o Late Mahender Singh Dhillon Aged About 58 Years R/o Power House Road, Korba P.S. City Kotwali, Korba, P.O. Korba Tehsil And Distt. Korba, Chhattisgarh, Pin Code 495677.

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... Respondent(s)

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For Petitioner(s)	: Ms. Chetna Sharma, Advocate.
For Respondent No.1	: Mr. Vinod Tekam, Govt. Advocate.
For Respondent No.2	: Ms. Shivangi Agrawal, Advocate.

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Hon’ble Shri Justice Ravindra Kumar Agrawal, J.

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Order on Board

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06/04/2025

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The petitioner has filed the present writ petition with the following prayer:

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“10.1 The Hon'ble Court may kindly be pleased to call for the records of the case.

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10.2 The Hon'ble Court may kindly be pleased to direct the Respondent No.1 to decide the preliminary objection filed on 17.07.2025 before proceeding with the case no. 202412050100044/2024-2025/A-90 by issuance of writ of certiorari or any other writ/writs, direction/directions or order/orders.

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10.3 Any other relief which the Hon'ble Court may find just and appropriate in the instant case.”

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Learned counsel for the petitioner would submit that the petitioner is the non-applicant before the learned Rent Controlling Authority, Korba and the respondent No.2 is prosecuting his application for vacant possession of the suit premises. The application for vacant possession of the suit premises was filed by the respondent No.2 on 22.12.2024, however, after service of notice upon the petitioner, he made his preliminary objection on 17.07.2025, and raised an objection under Section 4 of the Chhattisgarh Rent Control Act, 2011, that in absence of any written agreement between the parties the proceedings cannot be continued. The Rent Controlling Authority without deciding the objection raised by the petitioner on 17.07.2025 proceeded in the case, therefore, the Rent Controlling Authority may be directed to decide the objection

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raised by the petitioner on 17.07.2025 before proceeding further in the case.

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Learned counsel for the Respondent No.2 does not have any objection if such a direction is being given to the Rent Controlling Authority to decide the objection within the reasonable time frame.

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I have heard learned counsel for the parties and perused the material annexed with the petition.

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In the present petition the petitioner is only claiming to decide his objection raised on 17.07.2025, regarding maintainability of the application filed by the respondent No.2. Since the respondent No.2 is also willing to get the objection decide raised by the petitioner before the Rent Controlling Authority, it would be appropriate to direct the Rent Controlling Authority to decide the preliminary objection raised by Respondent No. 2 on 17.07.2025 (annexure P/3) in accordance with law on its own merits. It is further directed that the Rent Controlling Authority before proceeding with the case, shall first decide the preliminary objection raised by the petitioner raised on 17.07.2025, in accordance with law after giving opportunity of hearing to the parties concerned.

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With this observation, the present writ petition is disposed of.

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Interim order, if any, stands vacated.

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(Ravindra Kumar Agrawal) Judge

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Alok

Jatin Dodeja v. Rent Control Authority

Case brief

What is this about?

What did the court decide?

Jatin Dodeja v. Rent Control Authority

Case brief

What is this about?

What did the court decide?

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What the court decided

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