^.^-K< ^ HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV ©UPTA,C.J. HON'BLE SHRI SUNIL KUMAR SINHA, J. Appellant (Petitioner) Respondents NonxaDplicant Writ Appeal No.303 of 2008 Prachi Shikshan Samiti (Regcl No.2128), Ward No.12, Stadium Road Kota, Ralpur CG, through Jolnt Secretary, Prachj Shikshan Samlti Ward No.12, Kota Raipur (CG) VERSUS 1 The Rent Controlllng Authority, Raipur 2 Shri Ramesh Kumar Shrivastav, Aged about 64 years, S/o Shri DP Shrivastav, R/o Near SAI Darbar Tulsipur, Rajnandgaon (CG) 3 Shri Rajesh Upadhyay, aged about 43 years, R/o Manmohan Singh Ward No.12, Stadium Road, Kota, Raipur Writ Appeal under Section 2 ofthe Chhattisaarh Hiah Court {Appeal to Division Benchi Act. 2006 Present : Shri VG Tamaskar, counsel for the appellant. Shri Atok Bakshi, Govemment Advocate for the State. Judament (11th January, 2010) The following judgment of the Court was passed by Rajeev Gupta, C.J. Shri VG Tamaskar, learned counsel for the appellant is heard on admission. ^s 2) Appellant Prachi Shikshan Samiti has filed this writ appeal against the impugned order dated 05.10.09 passed in WP(C) No.5673/2009. 3) The appellant / petitioner filed the writ petition for the following reliefs: "I. That the honorable court be pleased to call for records of eviction case No.01-90 (8) year 2006 ~ 2007 relating to Ramesh Kumar Shrivastav V/s Rajesh Upadhyay, from the court of the Rent Controlling Authority, Raipur (CG) and peruse the same. II. That the honorable Court be pleased to call for record of CR No.146/2009 relating to Rajesh Upadhyay Vs Ramesh Kumar Shrivastav decided on 25/08/2009 by Honorablejustice Shri NKAgrawal and p@ruse the same. 111. That the Honorable Court be pleased to Quash order dated 30th September, 2008, passed b y the Rent Controlling Authority Raipur (CG) in evictlon case No.01- 90 (8) year 2006 ~ 2007 Annexure P/4 by issuing appropriate writ, direction or order. IV. That the honorable Court be pleased to issue any other writ or write order or deemed fit in the interest of justice." 4) The petitioner, thus, in substance was seeking quashing of the order dated 30th September, 2008 passed by Rent Controlllng Authority, Raipur in eviction case No.01-90 (8) year 2006-07, whereby a decree of eviction was passed in favour ofthe tandlord. 5) Shri VG Tamaskar, learned counsel for the appellant vehemently argued that the landlord has obtained the decree of a^ 3 eviction in a illegal manner by not impleading the petitioner / society in the proceedings before the Rent Controlling Authority. 6) It is not in dispute that the petltioner/society is runnlng the school in the suit premises on the strength of the agreement (Annexure P/2) which was between the landlord and one Rajesh Upadhyay, who claimed himself to be the director of appellant Prachi Shikshan Samiti. Shri VG Tamaskar, learned counsel for the appellant could not demonstrate any other agreement between the landlord and the petltioner / society. 7) The order impugned in the writ petjtion dated 30th September, 2008 passed by the Rent Controlling Authority/Raipur stood affirmed vide order dated 25.08.2009 passed by this Court in Civil Revision No.146/2009. 8) On due consideration of the submissions of learned counsei for the appellant and the above mentioned broad features of the case, we do not find any inflrmity in the impugned order dated 05.10.2009, whereby learned Single Judge has declined to Interfere. 9) The writ appeal, therefore, is liable to be dismissed and is hereby dismissed summarily. Sd/- Chief Justice Sd/- Sunil Kumar Sinha Judge padma