Smt. Kusum Awasthi v. Vijay Sharma

HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 1805 of 2019 • Smt. Kusum Awasthi W/o Late Shri Praful Kumar Awasthi Aged About 80 Years R/o Near City Kotwali, Opposite Megh Market Kusum Kunj Budhapara, Raipur Chhattisgarh ---- Petitioner

Versus

1. Vijay Sharma

2. Ajay Sharma

3. Sanjay Sharma

4. Nand Kishore Sharma All are R/o Sharma Kirana Bhandar, Opposite Megh Market Kusum Kunj Budhapara, Raipur Chhattisgarh

5. Rent Controller Collectorate, Raipur District Raipur Chhattisgarh ---- Respondents For Petitioner :

Shri Sunil Otwani, Advocate For Respondents/State :

Shri Avinash Singh, PL Hon'ble Shri Justice Goutam Bhaduri Order On Board 17/05/2019

1. Learned counsel for the petitioner submits that the petitioner and the landlord have filed the ejection case against the respondents in a proceeding before the Rent Controlling Authority, Raipur. It is stated that in the said proceeding, the appearance was made long back in the year 2014. However, the proceeding has not been concluded within the reasonable time, even though the reply was

filed.

2. Perused the entire order sheets, which is available on record. It appears that the application was preferred by the petitioners before the Rent Controlling Authority in the year 2014 and the appearance was made in the year 2014, but till date the proceeding has not been concluded as per Section 9 (2) of the Chhattisgarh Rent Control Act, 2011. It is a mandate that all the proceedings before the Rent Controlling Authority shall be concluded within a period of 6 months from the date of first appearance of the respondent.

3. Under these circumstances, it is directed that the Rent Controlling Authority shall be further obliged to decide the case within a further period of 4 months from the date of production of this order.

4. Accordingly, the writ petition is disposed of. Sd/- Goutam Bhaduri Judge Ashu