Abhishek Singh Thakur v. State Of Chhattisgarh

-1HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3527 of 2021 Abhishek Singh Thakur S/o Meghraj Singh Thakur Aged About 29 Years R/o Subhash Complex, Mandir Chowk Jarhabhata Bilaspur, Police Station- Civil Lines, Tahsil And District- Bilaspur (Chhattisgarh) Mo. No. 8319444989 ---- Petitioner

Versus

1. State Of Chhattisgarh Through- Secretary, Department Of Revenue, Mantralaya, Atal Nagar Raipur, Tahsil And District- Raipur (Chhattisgarh)

2. Rent Control Authority Bilaspur District- Bilaspur (Chhattisgarh),

3. Tahsildar Bilaspur, District Bilaspur (Chhattisgarh),

4. Jamadar Maal, Office Of Tahsildar Bilaspur, Tahsil And District- Bilaspur (Chhattisgarh)

5. Gurpreet Singh Arora S/o Late Bhajan Singh Arora Aged About 35 Years R/o Gondpara Bilaspur, Tahsil And District- Bilaspur (Chhattisgarh)

6. Sudhanshu Kumar Soni S/o Manikchand Soni Aged About 39 Years R/o - D/8, HIG- I I, Abhilasha Parisar Tifra Bilaspur, Tahsil And District- Bilaspur (Chhattisgarh) ---- Respondents For Petitioner :

Shri Ratnesh Kumar Agrawal, Advocate.

For State/respondent :

Shri Ashish Tiwari, G.A.

Hon'ble Shri Justice Goutam Bhaduri Order On Board 03.09.2021 Heard.

1. Learned counsel for the petitioner would submit that the petitioner was inducted as a tenant by the respondent No.5, however the owner of the premises Gurpreet Singh Arora filed a case against the respondent No.6 Sudhanshu Kumar Soni the earlier tenant and a compromise decree before the Rent Control Tribunal was obtained on 14/06/2021. It is stated the petitioner was made respondent and by collusion respondents No.5 & 6 obtained the order and thereafter the petitioner has been evicted and has been dispossessed.

-22. The issue which has been highlighted before this court would show that it is a landlord tenancy matter which is covered under the Chhattisgarh Rent Control Act, 2011. If the petitioner is aggrieved by the order of the Rent Control Authority then either he has to file an appeal under Section 13 of the Chhattisgarh Rent Control Act, 2011 or necessary application before Rent Control Authority. The petitioner claims on the basis of the rent receipt that from him the rent was accepted by respondent No.5 therefore he was actual tenant on the date which is a matter of evidence. The petitioner either may move the necessary application before the Rent Control Authority or may file an appeal before the Tribunal if so advised according to the facts of this case. There being disputed question of fact and alternate efficacious forum is available, I am not inclined to entertain this petition under Article 226 of the Constitution of India to make a roving enquiry into the facts.

3. Accordingly, the petition is dismissed.

Sd/- gouri (Goutam Bhaduri) Judge