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High Court Of ChhattisgarhWP227/602/2015dismissed

Suresh Paruthi v. Gaurishankar Sao

2015-07-30Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WP227 No. 602 of 2015 Suresh Paruthi S/o. Santlal Paruthi Aged About 45 years (As Per Order Impugned) Residence Of Vaishali Cloth Store Main Road Jagdalpur P.S. Kotwali District Bastar (Chhattisgarh) ---- Petitioner

Versus

1. Gaurishankar Sao S/o. Late Nilkanth Sao Aged About 66 Years R/o. Main Road P.S. Kotwali Jagdalpur District Bastar (Chhattisgarh)

2. Sub Divisional Officer Bastar S.D.M. Office P.S. Kotwali Jagdalpur District Bastar (Chhattisgarh) (Presiding Officer) ---- Respondents Shri P.K.Tulsyan, counsel for the petitioner/s. Shri S.P.Kale, Dy.A.G. for the State.

Order On Board 30/07/2015 Heard.

This petition has been filed by the petitioner against order dated 17/06/15 passed by the Rent Control Authority by which, the land lord has withdrawn his application for eviction.

2.

Learned counsel for the petitioner submits that the land lord has falsely stated before the Rent Control Authority that he is 66 years of age whereas the according to the petitioner, the land lord is only aged 64 years. He submits that the petitioner moved an application before the Rent Control Authority for initiating criminal proceedings under Section 195 read with Section 340 of CrPC but the Rent Control Authority without deciding the said application, dismissed the eviction application as withdrawn.

3.

Irrespective of the alleged criminality, the petitioner cannot raise any

grievance against withdrawal of application for eviction. Therefore, I am not inclined to interfere with the order of the Rent Control Authority. The petition is accordingly dismissed. The petitioner may, if so advised, institute separate proceedings. Sd/- Manindra Mohan Shrivastava Judge Deepti