^/\° HIGH COURT OF CHHATTISGARH AT^BTLASPUR WmT PETITION ( U/A 2271 N0. 5689 OF 2011 Smt. Farhat KausarAU, W/o Syed Majid AU, Aged About 55 Yeai's, Occupation Goveminent Service Teacher, R/o Abkar Khaa Bada near house of Dr. M,C. Verma, Juni Liae, Bilaspur, Thasil and Dsitrict Bilaspur (C.G.). PBTITIONBR: PLAINTIPF VBR8US RESPONDENT DEFBNDANT Mohaauned Aslam alias Mujahmi, Aged About 61 years, S/o Mohainmed Kasim, R/o Opposite Vaisnavi Apartment, uear Bajpai Tower, behuid Press chib, Edgah Road, Masangaaj, Bilaspur Tahsil aad Distdct Bilaspur (C,G.), Kaji Abdul Gafur Khaa, aged About 73 years, S/o Abdul Samad Khan, Caste (reIigion}-MuslLm Kaji Abdul Latif Khaa, aged about 67 years, S/o Abdiil Sainad Khaa, Caste (rellgion)-Muslioi Respondent No. 2 aad 3 R/o Near Bajpai Tower, Edgah Road, Masanganj, Ward No. 18 BUaspur, Tahsil aad District Bilaspur(C.G.). WRIT PBTITION UNDBR ARTICLB 227 OP THB CON8TITUTION OP INDIA. (SB :Hon?ble Mr. T.P.Sharma, J.) Present:- Shri Prashant Jaiswal, Sr. Advocate with Shri Ansuman Shrivastava, Advocate for the petitioner. Respondents not noticed. ORDBR 1. (Passedon 12/10/2011) By tliis petition under Article 227 of the Constitution of India petitioner has challenged the legality aiid propnety of the order dated 12/8/2011 passed by 4th Additional District Judge, BUaspur (C.G.) m civil suit No. 123A/11 whereby 4th Additional District Judge, Bilaspur (C.G.) has dismissed the application under Section 13(6) of the Chhattisgarh Accommodation Control Act, 1961 (ia short 'fhe Act") aad has decided provisional rent of Rs. 200/- under Section 13(2) ofthe Act. •"--^^ ^ ^ ^ ^'.^ . ^- S. Order mipugned clearly reveals fhat both fhe parties have raade dispute relating to rate of fhe rent. In fhiese circumstaaces it was obUgatory upon the Court under Section 13(2) of fhe Act to decide provisional rent. By deciding such provisional rent tiial Court has not coiainitted aay iUegality requiring aay interference in exercise of supervisoiy jurisdiction ia temis of Article 227 of fhe Constitution of India. This is a tenacy suit aiid oi-der impugned fiirther reveal tiiat after 60 dates ofhearing respondents have filed appUcatlon for provisional fixation of rent. Conseqiientiy, petition is liable to be disinissed aad is hereby dismissed. However, considermg tlie aforesaid circumLStaaces tdal Court is directed to decide fhe suit as early as possible preferably wifhin 6 niontiis froin fhe date of filmg of tlie copy of this order on behalf of the petitioner, No order as to costs. T.P. Sharma Judge -f/-