Digitally AFR VISHAKHA signed by BEOHAR VISHAKHA BEOHAR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 146 of 2026

1 - Deepak Kumar Badholiya S/o Late Srinivas Badholiya Aged About 40 Years R/o Near Brihaspati Bazar Chowk, Bilaspur, District Bilaspur Chhattisgarh ... Applicant 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 Chhattisgarh O/o Sub-Divisional Officer (Revenue), Bilaspur Chhattisgarh Nehru Chowk, Bilaspur Chhattisgarh ... Respondent(s)

For Petitioner(s) : Mr. Sunil Kumar Soni, Advocate.

For Respondent(s) : Mr. D.C. Verma, Advocate.

No. 3 to 5 For State : Mr. Himanshu Yadu, P.L.

Division Bench :- Hon'ble Smt. Rajani Dubey, Judge Hon'ble Shri Amitendra Kishore Prasad , Judge

Order on Board

Per, Amitendra Kishore Prasad, J.

18/02/2026

1. By way of this petition, the petitioner is seeking recalling of the order dated 23.01.2026 passed in WPC No. 2554/2024.

2. The main crux of Writ Petition (C) No. 2554/2024 was that Respondent No. 3 Ajit Pujari and Respondent No. 4 Lalita Bhagat exercised and adjudicated the powers of Rent Controller without holding a lawful appointment order as mandatorily required under Section 7 of the Chhattisgarh Rent Control Act, 2011. The impugned ex-parte eviction order dated 22.06.2022 was passed by Ajit Pujari and the application for setting aside the ex-parte order was rejected by Deputy Collector Lalita Bhagat vide order dated 13.10.2023, both of which were unsuccessfully challenged before the Chhattisgarh Rent Tribunal, Raipur, by order dated 08.05.2024. Thereafter, by order dated 23.01.2026 passed in Writ Petition (C) No. 2554/2024, this Hon’ble Court dismissed the writ petition on the ground of alleged concealment of the appointment order dated 05.06.2024 issued under Section 7 of the Act. However, in paragraph 18 of the said order, this Hon’ble Court held that the Collector, Bilaspur, by a work-distribution order dated 09.12.2021, had validly assigned the charge of Rent Controlling Authority to a Deputy Collector, thereby rejecting the petitioner’s objection regarding lack of jurisdiction. The petitioner submits that if such work-distribution order was sufficient, there was no necessity for issuance of a statutory appointment order dated 05.06.2024 after nearly seven years of the earlier notification dated 27.09.2018, which clearly demonstrates that appointment under Section 7 is mandatory and cannot be substituted by a mere work-distribution order, especially in view of earlier Division Bench judgments of this Hon’ble Court quashing similar orders for want of prior notification.

3. Following prayers have been made in the present MCC application:-

“1) That, this Hon'ble Court Pleased to Allow the Instant Recalling Petition and Pleased to Recall the Order Dated 23.01.2026 Passed in Writ Petition(C) No.2554/2024 wherein Fraud Being Committed with the Court of Law in not Disclosing the Fact Regarding Issuance of the Appointment Order on 05.06.2024 in Favor of Deputy Collector Shiv Kumar Kanwar which amply Shows that Appointment of Rent Controller is Aptly Required & Collector Bilaspur is not Competent to Issue Work Distribution Order/Roster.

2) That this Hon'ble Court may Graciously be pleased to Impose Heavy Cost upon the Respondent State Authorities in View of the Dicta Passed by Hon'ble Apex Court in 'SCIMED OVERSEAS INC. versus BOC INDIA LIMITED AND ORS. (2016) 3 SCC 70.

3) Any other re