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Judgment
On bare perusal of the impugned order Annexure P/1, it appears the learned Rent Controlling Authority, Jagdalpur (for short 'the RCA') has acted
in excess of jurisdiction by directing the petitioner/tenant's eviction in a proceeding commenced on the petitioner's application for restoration of
electricity and water supply.
It appears while filing reply to the tenant's application, the landlord complained of unnecessary and vexatious proceedings drawn by the tenant on
which the RCA has passed the order impugned directing the tenant to handover the vacant possession of the premises to the landlord.
Under the scheme of provisions contained in the Chhattisgarh Rent Control Act, 2011 (for short 'the Act, 2011') an application for recovery of
possession of premises has to be moved by the landlord under Section 9 of the Act, 2011 and thereafter the RCA has to follow the procedure
prescribed under Section 10 of the Act, 2011 before passing the final order of eviction.
The provisions contained under the Act, 2011 do not contemplate a cross-objection or counter claim to be moved by the landlord in an application
preferred by the tenant for restoration of essential supply. Even if the respondent landlord has initially filed the reply and thereafter, moved an
application under Section 9 on 3-1-2014, the fact remains that order on the said application has been passed on the same date without following the
procedure prescribed under the Act, 2011.
The impugned order is otherwise cryptic, unreasoned and without any discussion of the case of the parties. Therefore, from all possible angles, the
impugned order suffers from error of jurisdiction and cannot be sustained in law.
Accordingly, the impugned order (Annexure â€" P/1) is quashed. Both the parties are at liberty to secure their rights under the Act, 2011 in
accordance with law.
At this stage, Shri P.K. Tulsyan, learned counsel appearing for the petitioner, would submit that pursuant to the impugned order the concerned
police has seized and attached certain properties belonging to the petitioner for which a panchnama has been prepared vide Annexure â€" P/5.
As a consequence of impugned order having been quashed, it is directed that the seized articles be released in favour of the petitioner within a
period of three weeks from the date of presentation of certified copy of this order by the petitioner before the RCA and the concerned Station House
Officer (SHO).
In the result, the writ petition is allowed to the extent indicated above, leaving the parties to bear their own costs.