^ -> ^ ^ HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (227) No. 6010/2011 PETITIONER: (Defendant) VERSUS RESPONDENT (Plaintiff) Shankracharya Tiwari, son of Ram Kripal Tiwari, aged about 49 years, occupation Service, residence of ward no. 38, Tendudipa Khetpara, Devaarpara, Raigarh, Tahsil and District Raigarh, Chhattisgarh. Shartrughan Bhatf, son of Balbadra Bhatt, aged about 37 years, Occupation Carpenter, residence of Tendudipa Khetpara, Devaarpara, Ward No. 38 Tahsil and District Raigarh, Chhattisgarh. W^IT PETITION UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA. (SB :Hon'ble Mr. T.P.Sharma, J.) Prescnt:- Shri C. Jayant K. Rao, Advocate for the petitioner. Respondent not noticed. 2. 3. ORDER (Passedon 12/10/2011) By this petition under Article 227 of the Constitution of India petitioner has challenged the legality and propriety of the order dated 12/8/2011 passed by 2nd Civil Judge Class-II, Raigarh in civil .suit No. 15-A/2011 whereby trial Coyrt has directed the petitioner for payment of monthly rent of Rs. 400/- since September-2009, before passing any order under Section 13(6) of the .Chhattisgarh Accommodation Control Act, 1961 (in short 'the Act'). Shri C. Jayant K. Rao, Advocate for the petitioner is heard. Learned counsel for the petitioner submits that present petitioner has also filed suit for specific perforniance against respondent that too prior to filing of this suit in which injunction has been granted against respondent. Nature of both the suits & claims are different, there is no rider in filing eviction suit against the person who is in possession of the premises. Trial Court before passing any order ^' ^ :'K- 'i ! '".,. .JJ ^ "^y ^:^^ ^ ^^- ^ under Section 13(6) of the Acthas passed order impugned and by passing such order, trial Court has not committed any illegality interalia trial Court has provided an opportunity before taking coercive step under Section 13(6) of the Act, I do not find any illegality in the order impugned requiring any interference in terms ofArticle 227 of the Constitution oflndia. Consequently, petition is liable to be dismissed and is hereby dismissed. However, it is advisable to the parties to file appropriate application for trial & decision of both the suits by same Court. No order as to costs. Sd/- T.P. Sharma Judge