5^ HiGHCOURT OF CHHATTIS6ARH. BILASPUR W.P. (C)NO.SI 67/2010 PETITIONER Ashok Ahluwalia S/o Late Shri Dharmpal Ahluwalia, aged about 67 years, Jaggi Traders, Station Road, Raipur (C.G.) RESPQNDENTS 3. 4. Vs. State of Chhattisgarh through Secretary, Department of Town Administration and Development, Mantralaya, D.K.S. Bhawan, Raipur Municipal Corporation, through Commissioner. Municipal Corporation. Raipur (C.G.) Commissioner, Municipal Corporation, Raipur (C.G.) Deputy Commissioner (Revenue), Municipal Corporation, Raipur (C.G.) WRIT PETITION UNDERARTICLE 2260FTHE CONSTITUTION OF INDIA Appearance: Mr. Rahui Tamaskar, Advocate for the petitioner. Mr. Shashank Thakur, Panel Lawyer for respondent No.l/State. iVlr. Pankaj Agrawal, Advocate for respondents 2 to 4. Mr. Sumesh Bajaj, Advocate for caveator, Raipur Development Authority, Raipur on the strength of General Caveat Petition No. 336/2010. W.P.fClNO. 6167/2010 5^ ORAL ORDER (18.01.2011) SUNILKUMARSINHA.J. ^r;' Heard finaily with the consent of learned counsel for the parties. The petitioner has filed this petition for the following reliefe:- 10. Relieflsl Souaht "10.1 The Hon'ble Court may kindly be pleased to call for theentire record pertaining to the case ofthe petitioner. 10.2 The Hon'ble Court may kindly be pleased to direct the respondent authorities to make renewal ofthe tease of petitioner. 10.3 The Hon'ble Court may kindly be pleased to direct the respondent authorities not to oust the petitioner from the premises leased out to him eariier. 10,4 Any other relief, which this Hon'ble Court may deems fit and proper may also be awarded to the petitioner including the cost ofthepetition." The petitioner was granted lease for an area of specified plot situated in Ganj Padao, Raipur. This lease was granted for a period of 20 years commencing from the date contended in the lease deed. Mr. Tamaskar submits that before expiry of the lease period, an application was filed before the Municipal Corporation, Raipur for extension/renewal/new grant of the lease of the said plot, but the application filed for extension/renewal/new grant is stiil pending before the Corporation and no decision has been taken till date. Mr. Pankaj Agrawal, learned counsel appearing on behalf of respondente 2 to 4, submits that if the application filed for grant/renewal of the lease for the subject plot for which the earlier lease was granted, has not been disposed of by theCorporation, the Corporation shali take a decision on the said application. However, he submits that a reasonable time may be granted to the Corporation to take a decision in the rnatter of grant/renewal of the lease of the subject plot. It is not disputed that the petitioner is holding the possession of the subject plot. It is also not disputed that the subject plot was granted on lease to the petitioner. W.P.(C)N0.6167/2010 ^ In the above facts and circumstances of the case, 1 deem itappropriate to dispose of this petition with the direction to the Municipal Corporation, Raipur that if the appljcation for grant/renewal of the lease of the subject plot has not been disposed of by the Corporation till date, the Corporation shall dispose of the said application within a period of 3 months from today and shall communicate the decision to the petitioner. If the decision has already been taken by the Corporation, the same shall also be communicated to the petitioner by the Corporation. Mr. Rahul Tamaskar submits that the petitioner apprehends that he would be forcibly disposed by the Corporation on the pretext that the period of lease has already been expired and there is no further grant in favour ofthe petitioner. Since the petitioner is Jn possession of the subject plot, it is further directed that no coercive steps shall be taken for dispossession of the petitioner form the subject plot by the Corporation before final decision of the pending application for grant/renewal of lease before the Corporation. With the above observations/directions, the writ petition stands finally disposed of. There shall be no order as to cost(s). Sd/- Sunil Kumar Sinha Judge