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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
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, Sheet No. 14, Chatapara, Bilaspur, is owned by the Petitioner No. 1 in a Bhumiswami capacity by virtue of Section 158 (3) of the Chhattisgarh Land Revenue Code, 1959; or
c) Direct the Respondents to renew the allotment of the land bearing Plots No. 20 and 21, Sheet No. 14, Chatapara, Bilaspur in favour of the Petitioner No. 1 in terms of the previous renewal lease dated 11.05.1966;”
3. The present intra Court appeal has been filed against the order dated 18.07.2025 pas
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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