2026:CGHC:4152-DB

2026:CGHC:4152-DB

2026:CGHC:4152-DB

2026:CGHC:4152-DB

2026:CGHC:4152-DB

2026:CGHC:4152-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR Order reserved on: 12.11.2025 Order pronounced on: 23.01.2026 WPC No. 2554 of 2024

1 - Deepak Kumar Badholiya, S/o Late Srinivas Badholiya, Aged About 38 Years, R/o Near Brihaspati Bazar Chowk, Bilaspur, District- Bilaspur, Chhattisgarh.

... Petitioner(s)

versus

1 - State of Chhattisgarh Through:- Secretary, Housing And Environment Department, Mantralaya, New Raipur, Chhattisgarh.

2-Collector District- Bilaspur, Chhattisgarh.

3 - Ajit Pujari The Then Deputy Collector, Bilaspur, Chhattisgarh, Presently Posted as Joint Collector, Mungeli, in The O/o District Collector, Mungeli, Chhattisgarh.

4 - Lalita Bhagat the Then Deputy Collector, Bilaspur, Chhattisgarh, Presently Posted as Sub-Divisional Officer (Revenue), Surajpur, District-

Surajpur, Chhattisgarh.

5 - Dinkar Rao Silledar S/o Late Krishna Rao Silledar R/o Flat No. 404, Lovina Courts, Nehru Nagar, Mungeli Naka, Tehsil And District- Bilaspur, Chhattisgarh.

6 - Tehsildar, Bilaspur C.G. O/o Sub-Divisional Officer (Revenue), Bilaspur, C.G. Nehru Chowk, Bilaspur, Chhattisgarh.

... Respondent(s)

... Respondent(s)

... Respondent(s)

... Respondent(s)

... Respondent(s)

... Respondent(s)

Hon'ble Smt. Justice Rajani Dubey Hon’ble Shri Justice Amitendra Kishore Prasad

CAV Order

Per Rajani Dubey, Judge

1. By way of this petition, the petitioner seeks following reliefs:-

“(i) That this Court may kindly be pleased to hold that the action on the part of the respondent authorities, especially the manner in which Respondent Nos. 3 and 4 acted and adjudicated the matter without holding a lawful appointment order by the State Government, as mandatorily required under Section 7 of the Chhattisgarh Rent Control Act, 2011, is illegal and void in the eyes of law for want of sanction of law. Consequently, the impugned order dated 08.05.2024 (Annexure-P/10), issued by the Rent Tribunal, is liable to be quashed.

(ii) That this Court may kindly be pleased to direct the respondents to refrain from proceeding with any eviction proceedings.

(iii) That the entire record of the case may kindly be called for, for proper elucidation of the facts of the case.

(iv) That any other relief which this Court deems fit and proper in the facts and circumstances of the case may also be granted in favour of the petitioner.”

2. The facts of the case as mentioned in the petition are that the Respondent No. 5 filed an eviction suit against the petitioner under the provisions of the Chhattisgarh Rent Control Act, 2011. In the said proceedings, an ex parte order was passed against the petitioner on 22.06.2022. Aggrieved by the said ex parte order, the petitioner preferred an application for setting aside the ex parte order.

3. A copy of the eviction suit along with the ex parte order dated

22.06.2022 is annexed herewith as ANNEXURE-P/1 (Colly) and a copy of the application for setting aside the ex parte order is annexed as ANNEXURE-P/2. After filing the application for setting aside the ex parte order, the petitioner came to know that the said ex parte order was passed by the Deputy Collectors, namely Shri Ajit Pujari and Smt. Lalita Bhagat (Respondent Nos. 3 and 4 respectively), who were not holding any valid appointment order as mandatorily required under Section 7 of the Chhattisgarh Rent Control Act, 2011, which appointment is required to be made exclusively by the State Government. However, in sheer contravention of Section 7 of the Act, the District Collector, Bilaspur (C.G.), deliberately issued a work distribution order/roster, on the strength of which the entire proceedings were conducted by the Deputy Collectors despite the absence of any valid appointment order. When this grave illegality and misfeasance were brought to the notice of the Chhattisgarh Rent Tribunal, Raipur, the said forum paid no heed to the same. Copies of the RTI application dated 27.03.2023 and the information supplied by