NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPCR No. 64 of 2024

1. Smt Reena Mallick W/o Shri Shyamal Mallick, Aged About 54 Years R/o Shri Santosh Shri, Agrasen Bhawan Marg, Durpa Road Korba.

2. Shyamal Mallick S/o Late S.K. Mallick, Aged About 60 Years R/o Shri Santosh Shri, Agrasen Bhawan Marg,durpa Road Korba.

---- Petitioners Versus

1. State of Chhattisgarh Through Secretary, Department of Home Affairs, Mahani Bhawan, Atal Nagar, Nava Raipur, District-Raipur (C.G.)

2. The Superintendent of Police, Korba (C.G.)

3. The Station House OfÏcer, Police Station-Kotwali, Korba (C.G.)

4. Lokesh Agrawal S/o Mahavir Prasad Agrawal Aged About 60 Years Permanent Resident of H. No. 189, Laluram Colony, T.P. Nagar, Korba (Cg) Current Address-MIG 1/08, C/o Jagdish Pradhan, Ravi Shankar Shukla Nagar, Korba.

5. Smt. Rekha Agrawal W/o Lokesh Agrawal , Aged About 52 Years Permanent Resident of H.No. 189, Laluram Colony, T.P.Nagar, Korba (Cg) Current Address-MIG 1/08, C/o Jagdish Pradhan, Ravi Shankar Shukla Nagar Korba.

6. Rajat Agrawal S/o Lokesh Agrawal, Aged About 33 Years Permanent Resident of H.No. 189, Laluram Colony, T.P.Nagar, Korba (Cg) Current Address-Mig 1/08, C/o Jagdish Pradhan, Ravi Shankar Shukla Nagar Korba.

---- Respondents (Cause-title taken from Case Information System)

For Petitioners : Mr. Shubham Dev Mallick and Mr. Saket Pandey, Advocates.

For Respondents/State : Mr. Sangharsh Pandey, Government Advocate.

Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Arvind Kumar Verma , Judge

Order on Board

Per Ramesh Sinha , Chief Justice

01.03.2024 Heard Mr. Shubham Dev Mallick, learned counsel for the petitioners along with Mr. Saket Pandey. Also heard Mr. Sangharsh Pandey, learned Government Advocate, appearing for respondents No. 1 to 3/State.

2. The present writ petition has been filed by the petitioners with the following prayers:

“10.1 That, the Honb’le Court may kindly direct the respondent No. 1 to restrict the private respondents from creating nuisance upon the property of the petitioners, in the interest of justice.

10.2 That, the Hon’ble Court may kindly direct the respondent No. 1 to investigate upon the complaints of the petitioners, in the interest of justice.

10.3 That, any other relief, which this Hon’ble Court may deemed just and fit in facts and circumstances of the case.”

3. Learned counsel for the petitioners would submit that the land owned by the petitioner No. 1 is situated at Power House Road, Korba upon which a complex is constructed named Mallick Complex. The built complex and entire land with building is owned by the petitioner No. 1. The land comprises an area of 3,400 sq.ft. at the ground floor, which was lent to the private respondents for using it as a furniture shop. He also submits that the private respondents agreed to pay monthly rent of Rs. 51,450/-, a new agreement was entered between petitioner No. 1 and private respondents from 01.10.2021 to 31.08.2023. The petitioner No. 2 is the power of attorney and husband of the petitioner No. 1. The private respondents have not paid the rent amount to the tune of Rs. 13,49,940/- to the petitioner No.1, Rs. 50,000/- outstanding for electric bill is also not paid by the private respondents to the petitioner No. 1.

4. It is further submitted by the learned counsel for the petitioners that the private respondents gave one cheque amounting to Rs. 6,79,920/- to the petitioners, as amount of rent for October 2020 to September 2021. The cheque given by the private respondents dishonoured for the said dishonoured cheque a criminal case was preferred by the petitioners. He also submits that again a cheque dated 07.01.2024 was given by the private respondents to the petitioners which again dishonoured because the private respondents have themselves stopped the payment from their side upon preferring an option at their bank account. The private respondents with an intent to escape the liability of payable outstanding rent amount have repeatedly preferred a criminal complaint on 21.1