Mukesh Agrawal v. Dr. Nitin Juneja
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 3501 of 2021 • Mukesh Agrawal S/o Shri S.K. Agrawal Aged About 45 Years R/o H. No. - 14/1283 Vinoba Nagar Bilaspur, Tahsil And District- Bilaspur (C.G.) ---- Petitioner
Versus
1. Dr. Nitin Juneja S/o Shri P. L. Juneja Aged About 45 Years R/o Prime Medical Center, Mangla Chowk, Mungeli Road (Near Bank Of Baroda), Bilaspur, District- Bilaspur (C.G.)
2. The Presiding Officer Rent Control Authority Bilaspur District- Bilaspur (C.G.) ---- Respondents For Petitioner : Shri Ashutosh Singh Kachhawaha, Advocate For Respondents/State : Ms. Shriya Mishra, PL Hon'ble Shri Justice Goutam Bhaduri Order 01/09/20 Heard.
1. Learned counsel for the petitioner submits that the petition has been filed under C.G. Rent Control Act, 2011 for eviction of the respondent in the year 2017 on various grounds. It is submitted that 4 years have been passed but nothing substantial has transpired so as to conclude the case, therefore, he prays that Rent Control Authority may be directed to conclude the hearing within stipulated time.
2. Perused the documents.
3. Perusal of the documents would show that the petition was preferred in the month of February 2017 and on 16.03.2017 the respondent entered their appearance. The order sheet would show that 8 times because the
Presiding Officer was on vacation the case was adjourned, due to administrative duties 10 times the case was adjourned, because of transfer of the Presiding Officer the case was adjourned 3 times and because of strike and other condolence of the advocates the case was adjourned for 3 times and thereafter due to Covid-19 pandemic and lock down 4 times the was adjourned. As per Section 9 (2) of the C.G. Rent Control Act, 2011 all the proceedings before the Rent Controller shall ordinarily is required to be concluded within six months from the date of first appearance of the respondent. In the instant case despite the fact that the respondent has appeared in the month of March, 2017, the case has not being concluded. Under the circumstances respondent No. 2, is directed to conclude the proceeding of the case on merits within a period of 45 days from the date of receipt of a copy of this order.
4. With such observation, the petition stands disposed of. Sd/- Goutam Bhaduri Judge Jyoti