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2017 DIGILAW 367 (CHH)

Pushpa Sharma W/o Dr. Saroj Sharma v. Nashrin Bano W/o Mohammad Shehjada

2017-07-27

SHARAD KUMAR GUPTA, THOTTATHIL B.RADHAKRISHNAN

body2017
JUDGMENT : Thottathil B. Radhakrishnan, J. 1. Heard the learned counsel for the parties and the learned Advocate for the State in these writ appeals filed against a common judgment rendered by the Single Bench on two writ petitions challenging the decisions rendered by the Rent Control Tribunal. 2. The Rent Control Tribunal has been constituted as per Section 6 of the Chhattisgarh Rent Control Act, 2011, which provides that the State Government shall constitute a Tribunal in terms of Article 323-B of the Constitution. Therefore, the Chhattisgarh Rent Control Tribunal is a Tribunal which is constituted in terms of Article 323-B of the Constitution by the State Government in exercise of power under Section 6 of the Chhattisgarh Rent Control Act, 2011. So much so, a writ petition challenging the orders of the Chhattisgarh Rent Control Tribunal is a matter which shall be heard by a Division Bench in terms of Rule 23 of the High Court of Chhattisgarh Rules, 2007. That is not a matter which falls within Rule 22 of those Rules which contain the list of matters which shall ordinarily be heard and disposed of by a Learned Single Judge sitting alone. 3. The impugned judgment having been rendered by the Learned Single Judge sitting alone, the same has been issued in contradiction to the extant provisions in the High Court of Chhattisgarh Rules, 2007. For this reason, without expressing anything on merits of the rival contentions, these writ appeals are allowed setting aside the common judgment dated 23.06.2017 in Writ Petition (C) Nos. 2774 of 2016 and 2563 of 2016. Let the writ petitions from which those appeals arise be listed as per roster in accordance with what is stated hereinabove, tomorrow i.e. on 28.07.2017. 4. This judgment shall be noted by the Registry for future guidance.