Ritesh Agrawal Vs Prerna Education Society — Chhattisgarh HC (2025) — LawSathi Research

Ritesh Agrawal Vs Prerna Education Society — Chhattisgarh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of: petitioner directed to approach the Rent Control Authority appointed for District Raipur for redressal of grievances; that authority directed to decide the pending application dated 05.03.2021 (Annexure P/3) expeditiously, preferably within two months from production of the copy of the order; no merits decided; no cost awarded despite prayer F.

Issue for consideration

Whether the respondents could be directed to make regular payment of rent and the arrears of rent accrued from September 2024. +2 more

Ratio / Principle

In view of the statement that the Rent Control Authority for District Raipur has been appointed, the writ petition stands disposed of directing the petitioner to approach that authority for redressal of his grievances.

Key takeaways

The Rent Controlling Authority was directed to decide the pending application dated 05.03.2021 (Annexure P/3) expeditiously, preferably within two months from the date of production of the copy of the order.ratio¶35
The Court made clear that it had not expressed anything on merits and the respondents may consider the petitioner's case on its own merits.obiter¶37

Detailed headnote1 paragraphs

Chhattisgarh High Court (Single Judge, Amitendra Kishore Prasad J.), WPC No. 1780 of 2025, order dated 17/04/2025 — Rent control / delay in adjudication. Petitioner sought writs directing respondents to pay regular rent and arrears accrued from September 2024, directing the State to notify appointment of a Rent Controller for District Raipur, and directing final decision of his eviction application (filed 05.03.2021, Annexure P/3, pending) within a prescribed time. Respondent-State stated that the Rent Control Authority for District Raipur had been appointed vide order dated 13.03.2025. On that statement, the Court disposed of the writ petition directing the petitioner to approach the appointed Rent Control Authority, and directed that authority to decide the pending application dated 05.03.2021 expeditiously, preferably within two months from production of the copy of the order, expressly clarifying that nothing was expressed on merits.

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Digitally signed byRAVI SHANKAR MANDAVI Date: 2025.04.21 17:16:57 +0530

RAVI SHANKAR MANDAVI

2025:CGHC:17741

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

WPC No. 1780 of 2025

1 - Ritesh Agrawal S/o Shri Anand Agrawal Aged About 35 Years R/o 3- C/4, V.I.P. Estate, Khamardhi, Raipur, Tehsil And District Raipur, Chhattisgarh.

... Petitioner

versus

1 - Prerna Education Society Through Its Chairman, Shri Praveen Chandrakar, S/o Shri S. L. Chandrakar. R/o Near Balaji Mandir, Ritesh Nagar, Raipur, Tehsil And District Raipur, Chhattisgarh.

2 - Praveen Chandrakar S/o Shri S. L. Chandrakar Chairman, Prerna Education Society, R/o Near Balaji Mandir, Ritesh Nagar, Raipur, Tehsil And District Raipur, Chhattisgarh.

3 - Rakesh Chandrakar S/o Shri G. R. Chandrakar Treasurer, Prerna Education Society, R/o Near Balaji Mandir, Ritesh Nagar, Raipur, Tehsil And District Raipur, Chhattisgarh.

4 - State Of Chhattisgarh Through The Secretary, Department Of Housing And Environment, Mantralaya, Mahanadi Bhawan, Nava Raipur, Atal Nagar, District Raipur, Chhattisgarh.

5 - Collector Raipur Collectorate, Raipur, District Raipur, Chhattisgarh.

... Respondent(s)

(Cause-title taken from Case Information System)

For Petitioner : Mr. Amrito Das, Advocate For State/Respondent/s : Mr. Satish Gupta, Government Advocate

Hon'ble Shri Justice Amitendra Kishore Prasad

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Order on Board

17/04/2025

Heard Mr. Amrito Das, learned counsel for the petitioner as well as Mr. Satish Gupta, learned Government Advocate for the State/respondent/s.

By way of this writ petition, the petitioner has prayed for following reliefs:

“A. This Hon'ble Court may kindly be pleased to call for records.

B. This Hon'ble Court may kindly be pleased to issue an appropriate writ directing the respondents to make regular payment of the rent as well as the arrears of rent which has accrued from September 2024.

C. This Hon'ble Court may kindly be pleased to issue an appropriate writ directing the state government to issue suitable notification to appoint Rent Controller for District Raipur forthwith.

D. This Hon'ble Court may kindly be pleased to issue an appropriate writ directing the Rent Controller to finally decide the application for eviction preferred by the petitioner within a prescribed time period.

E. Grant any other or further reliefs that this Hon'ble Court may deem fit in light of the facts and circumstances of the present case.

F. Grant the cost of the petition to the Petitioner.”

Learned counsel for the petitioner submits that due to inaction in the part of respondent authorities, his petition is liable to be stated as infructuous.

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Learned counsel for the petitioner further submits that at this stage submits that since the application was filed way back on 05.03.2021 (Annexure P/3) and the application is lying pending due to one or another reasons, lastly the reason was assigned that the Rent Controlling Authority has not been appointed at Raipur.

Learned counsel for the respondent-State has submitted that vide order dated 13.03.2025, the Rent Control Authority has been appointed in respect of District Raipur, as such, the petitioner may be directed to approach before the concerned Rent Controlling Authority for redressal of his grievances, subject to due verification and scrutiny of the claim of the petitioner, appropriate steps shall be taken at the earliest within a short period.

Given the statement made by the counsel for the respondentState , the writ petition at this juncture stands disposed of directing the petitioner to approach before the Rent Control Authority appointed in respect of District Raipur, for redressal of his grievances and as in the present scenario the Rent Controlling Authority has been appointed, the Rent Controlling Authority is directed to decide the pending application dated 05.03.2021 (Annexure P/3) expeditiously preferably within two months from the date of production of the copy of this order.

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It is made clear that this Court has not expressed any thing on merits and the respondents may consider the case of the petitioner on its own merits.

With the aforementioned observation/s and direction/s, writ

petition is disposed of.

Sd/- (Amitendra Kishore Prasad) Judge

Ravi Mandavi