Smt. Ashalata Bansod v. Aakash Agwan

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (C) No. 2185 of 2019

1. Smt. Ashalata Bansod W/o Late Shri Basant Bansod Aged About 72 Years R/o Behind Gajanan Mandir, Gajanan Nagar, Durg, District- Durg, Chhattisgarh.

2. Rajesh Bansod S/o Late Shri Basant Bansod Aged About 46 Years R/o Behind Gajanan Mandir, Gajanan Nagar, Durg, District- Durg, Chhattisgarh.

---- Petitioners

Versus

1. Aakash Agwan S/o Late Shri Prakash Agwan Aged About 40 Years R/o D/6 Fortune Park, Gulmohar, Arera Colony, Bhopal, District- Bhopal, Madhya Pradesh.

2. Mugdha Pandey W/o Shri Sachin Pandey Presently R/o D/6 Fortune Park, Gulmohar, Arera Colony, Bhopal, District- Bhopal, Madhya Pradesh. ---- Respondents ________________________________________________________________ For Petitioners : Shri Mayank Chandrakar, Advocate.

For Respondents : Shri P.R. Patankar, Advocate.

_________________________________________________________________ Hon'ble Shri P. R. Ramachandra Menon, Chief Justice Hon'ble Shri Parth Prateem Sahu, Judge Order on Board P. R. Ramachandra Menon, Chief Justice 03.07.2019 1.

The Petitioners have approached this Court with some strange prayers as extracted below:- "10.1 To kindly grant liberty to the petitioners to prefer an appeal before the learned Appellate Authority under Section 31 of the Accommodation Control Act, 1961.

10.2 To kindly make any other order that may be deem fit and just in the facts and circumstances of the case including awarding of the costs to the petitioner." 2.

Earlier the Petitioners had moved this Court by filing WPC No.2016 of 2019, which was sought to be withdrawn by virtue of certain omissions and corrections to be incorporated. Accordingly, the case was dismissed as withdrawn, granting liberty as per judgement dated 19.06.2019. 3.

Now, the Petitioners seek for permission/direction of this Court to enable them to pursue the remedy by way of appeal under a statute; in connection with the alleged tenancy rights.

4.

How the writ petition is maintainable is the question. The learned counsel for the Petitioners, when asked to substantiate, seeks for permission to withdraw the matter.

5.

Considering the prayer of the learned counsel for the Petitioners, writ petition stands dismissed as withdrawn. We reluctantly refrain from awarding cost.

Sd/- Sd/- (P.R. Ramachandra Menon) (Parth Prateem Sahu) Chief Justice Judge Yogesh