AJAY GUPTA Vs. KHEM SINGH BARMATE

JUDGEMENT

(1.) Challenge in this writ petition is to the order passed by the Rent Control Tribunal, Raipur (for short 'the Tribunal') refusing to entertain the appeal preferred by the petitioner against the order passed by the Collector, Mungeli on 6.11.2017, dismissing the petitioner's eviction application as not maintainable.

(2.) In view of the nature of order we propose to pass herein, we are not referring to the facts of the matter in detail. Suffice it would be to mention that the petitioner moved an application before the Rent Controller (hereinafter referred to as 'the RC') Mungeli for respondent's eviction under Section 12 (2)(11) of the Chhattisgarh Rent Control Act, 2011 (for short 'the Act of 2011'). The said application was initially entertained and the proceedings were drawn by the Additional Collector, Mungeli, who is admittedly notified as Rent Controller for Mungeli district, as is apparent from the work distribution memo issued by the Collector, Mungeli on 25th March, 2017 (Annexure-P/8).

(3.) When the matter was thus pending consideration before the Rent Controller, Mungeli, the respondent moved an application before the Collector under Section 30 of the Chhattisgarh Land Revenue Code, 1959 (for short 'the Code') for transferring the matter to any other competent Court of jurisdiction. The Collector forgot that the matter is not related to the Land Revenue Code but this proceeding is for eviction under the provisions of the Act, 2011. Under assumed jurisdiction the Collector passed an order on 26.8.2016 calling record of the RC Mungeli for disposal by himself. The Collector thereafter passed an order on 6.11.2017 allowing the respondent's application under Order 7 Rule 11 of the CPC to dismiss the eviction application as not maintainable. A detailed order has been passed by the Collector but we are not referring to those details so that it may not prejudice the Rent Controller either for or against any of the party. This order of Collector was challenged before the Tribunal which has refused to entertain the appeal.