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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAMESH SINHA, BIBHU DATTA GURU
Christian Womans Board of Mission, Through Its Director Shri Nitin Lawrence, S/o Shri Harbat Lawrence – Appellant
Versus
State of Chhattisgarh, Through Its Secretary, Department of Revenue And Disaster Management – Respondent
| Table of Content |
|---|
| 1. background of land ownership and lessee actions. (Para 1 , 2 , 3 , 4 , 5 , 6 , 8) |
| 2. appellant's arguments against dismissal and legal rights claimed. (Para 10 , 11 , 12 , 14 , 15 , 16 , 18 , 20 , 24) |
| 3. court's analysis on lease violations and renewal rights. (Para 17 , 23 , 25 , 26 , 27 , 30 , 32 , 34 , 37) |
| 4. legal reasoning supporting the rejection of renewal. (Para 19 , 21 , 22 , 29 , 31) |
| 5. final decision and dismissal of the appeal. (Para 41 , 42) |
JUDGMENT :
Ramesh Sinha, C.J.
1. Heard Mr. Mehmood Pracha through Video Conferencing assisted by Mr. Yashkaran Singh, learned counsel for the appellants. Also heard Mr. Prafull N. Bharat, learned Advocate General assisted by Mr. Shashank Thakur, learned Deputy Advocate General appearing for the State/ respondents No.1 to 5 as well as Mr. Samarth Singh Marhas and Mr. Pranay Golchha, learned counsel appearing for respondent No.6.
2. By way of this writ appeal, appellants has prayed for following relief(s):-
“a) Allow the present appeal and set aside the judgment and order dated 18.07.2025 passed by the Hon'ble Single Judge of this Hon'ble Court in WPC No. 977 of 2025; and
b) Declare that the land bearing Plots No. 20 and 21,
Renewal of a lease is discretionary and contingent on fulfilling lease terms; violation of conditions, including unauthorized use, disqualifies entitlement.
The court upheld the significance of adhering to lease terms and natural justice in lease renewal matters, affirming the state's actions in rejecting the renewal request based on documented breaches.
The determination of the lease was based on the lessee's breach of lease conditions, and the pending renewal application was directed to be considered by the appellant within 6 months.
The renewal of a lease requires timely applications and continuous possession; failure to meet these criteria results in loss of entitlement, as established in the case.
Advocates appeared :For the Appellant : Ravish Agrawal, Sanjay Agrawal For the Respondent : Pushpendra Yadav, R. N. Singh, Akshay Pawar
Point of Law : Tenant - Unauthorized occupation of Property - Possession of - Possession can be resumed by government only in a manner known to or recognised by law and it cannot resume possession ot....
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