[Cites 5, Cited by 0]
Chattisgarh High Court
Seth Sultan Chand Nathmal Daga ... vs State Of Chhattisgarh on 6 April, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:15489-DB
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPC No. 1524 of 2026
Seth Sultan Chand Nathmal Daga Dharamshal Trust Through- Its
Trustee Shri Rajendra Daga S/o Late Shri Premratan Daga Aged About
62 Years R/o Plot No 314/313, Indira Vihar Beside Sbi Main Branch T.P.
Nagar Korba Chhattisgarh,
... Petitioner
versus
1 - State of Chhattisgarh Through Secretary Department of Urban
Administration Mantralaya Nava Raipur District- Raipur (C.G.)
2 - Muncipal Corporation Dhamtari Through Its Commissioner Dhamtari
District- Dhamtari (C.G.)
... Respondents
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For Petitioner : Mr. Vikram Sharma, Advocate
For State/Respondent No.1 : Mr. Praveen Das, Addl. Adv. General
For Respondent No.2 : Mr. Pankaj Agrawal, Advocate
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Hon'ble Mr. Ramesh Sinha, Chief Justice
Hon'ble Mr. Ravindra Kumar Agrawal, Judge
Order on Board
Per Ramesh Sinha, Chief Justice
06.04.2026
1. Heard Mr. Vikram Sharma, learned counsel for the petitioner. Also
heard Mr. Praveen Das, learned Additional Advocate General,
appearing for the State/respondent No.1 and Mr. Pankaj Agrawal,
ROHIT
KUMAR
CHANDRA
learned counsel, appearing for respondent No.2.
2. The present petition has been filed by the petitioner under Article
226 of the Constitution of India, seeking following reliefs :-
"10.1) That the Hon'ble Court may kindly be pleased
to issue a writ of appropriate nature for the
quashment of the impugned NIT dated 27.02.2026
(ΑNNEXURE P-11) issued by the Respondent
Municipal Corporation Dhamtari bearing No NIT No
186590 for the purpose of calling Expression of
Interest from the private developers under Public
Private Partnership Model over the subject land
where the Daga Dharamshala was established in the
interest of justice.
10.2) That the Hon'ble Court may kindly be pleased
to issue the writ of mandamus directing the
respondent authorities (Respondent No 2) to decide
the pending appeal dated 23.06.2025 (ANNEXURE
P-9) filed under Section 403 as well as Section 404 of
the Municipal Corporation Act 1956 expeditiously, in
the interest of justice.
10.3) That the Hon'ble Court may kindly be pleased
to issue the writ of mandamus directing the
respondent authorities (Respondent No 2) to decide
the pending application dated 08.07.2025
(ANNEXURE P-10) filed under Municipal Corporation
Act 1956 expeditiously, in the interest of justice.
10.4) Any other relief which this Hon'ble Court
deems Fit and proper may also kindly be granted to.
the petitioner, in the interest of justice.
10.5) Cost of the petition may also be granted to the
petitioner."
3. Brief facts of the case are that the petitioner trust is established for
the charitable purpose and it carries various social & religious
activities for poor sections of society, in furtherance to the object of
the trust, the petitioner has constructed the Dharamshala
(operated in the name of Seth Nathmal Sultanchand Daga
Dharmshala) over the land Plot No. 9 situated at Pantiganj
Dhamtari granted on lease to the petitioner trust by executing the
lease deed dated 11.05.1923 by then Vice President of Municipal
Committee of erstwhile Municipal Council Dhamtari now Municipal
Corporation Dhamtari. The lease was allotted to the petitioner trust
for the period of 90 years starting from 11.05.1923 on the Annual
Rent of Re. 1, free of premium for charitable purpose, and as per
the term of the lease the rooms were constructed in the
Dharmshala, and three rooms were constructed for giving the
same on rent as per the terms and condition of the lease so that,
the rent received from renting the rooms can be utilized in the
repair and maintenance of the Dharmshala.
4. The petitioner had given the three rooms of the said Dharmshala
to the Prakhar TV Network on rent, due to which a show cause
notice was issued to the petitioner by the Respondent Municipal
Corporation 08.05.2008, which was replied by the petitioner on
22.05.2008 by specifically stating that no breach of lease condition
has been committed by the petitioner, however, the respondent
authorities passed the resolution No. 12 dated 13.01.2009
cancelling the lease deed executed. Being aggrieved by the
same, an appeal was preferred before the appellate committee
against the order dated 13.01.2009 which was dismissed on
08.04.2010 and challenging the same the writ petition was filed
bearing No. WPC/3422/2010 and in the said writ petition, an
interim order was granted in favour of the petitioner on 12.07.2010
and finally the writ petition was disposed of by the Hon'ble Court
on 14.08.2024 by directing the respondent Corporation to consider
the application for renewal of the lease, without being influenced
by the resolution dated 13.01.2009 as well as the order of
appellate authority dated 08.04.2010 passed by the Collector,
Dhamtari, by further directing the Respondent Municipal
Corporation that, the respondent are expected to consider the
representation of the petitioner in view of the fact that this court
has granted interim relief in favour of the petitioner 12.07.2010,
which is still in operation, and as such, it is directed that the
respondents may consider and decide the representation of the
petitioner for grant of lease in respect of property in dispute on its
own merits, in accordance with law.
5. Pursuant to the order dated 14.08.2024 passed by this Court, the
respondent Corporation has asked the petitioner trust to submit
the application for the renewal of the lease within 15 days, in
compliance of the same, on 30.12.2024 the application for the
renewal of the trust deed was submitted by the petitioner and
ultimately on 11.06.2025, the survey was carried out by the
members of the Corporation, and finally on 13.06.2025 the
Municipal Corporation Dhamtari has passed the order by virtue of
which the application for the renewal of the lease was rejected and
the structure of the petitioner trust was demolished on 19.06.2025.
The petitioner trust have filed the contempt petition against the
illegal demolition which was registered as Cont. (Civil) No.
1319/2025 and the same was dismissed on 20.08.2025. Prior to
filing the contempt, the petitioner trust has filed the appeal before
the Appellate Committee under Section 403 of the Chhattisgarh
Municipal Corporation Act, on 23.06.2025 as well as filed the
application for the stay also under section 404 of the Act of 1956
on 23.06.2025 itself and since the appeal before the appellate
committee is pending for more than six months, and no hearing
has started on the application, and on other hand the Respondent
Municipal Corporation is proceedings towards the allotment of the
subject land by calling Expression of Interest/NIT from interested
person by issuing NIT vide dated 27.02.2026, the instant petition
has been preferred by the petitioner seeking aforementioned
reliefs.
6. Learned counsel for the petitioner submits that the land was
allotted to the petitioner trust in the year 1923 on lease, and since
then the petitioner trust has operated the Dharamshala there
which was illegally demolished by the authorities of the Municipal
Corporation. He further submits that the Statutory remedy of
appeal is already availed by the petitioner trust, as per the
provision of the Act of 1956, and as per the provision of Section
404 if the appeal committee is not sitting then the order appealed
against remain suspended and to that effect the application under
Section 404 was also filed by the petitioner trust which is also
pending since 23.06.2025.
7. On a pointed query being asked to learned counsel, appearing for
respondent No.2 / Municipal Corporation, Dhamtari as to whether
there any Appellate Committee is functioning or not, he submits
that the Appellate Committee has been constituted recently and as
on date it is functioning.
8. In that view of the matter, Appellate Committee of the respondent
Corporation is directed to decide and dispose of the appeal
preferred by the petitioner under Section 403 of the Act of 1956 as
well as the application for the stay filed under section 404 of the
Act of 1956 on 23.06.2025, which are stated to be pending,
preferably within a period of one week from the date of receipt of
a certified copy of this order as the fresh NIT has already been
issued on 27.02.2026 and last date of which has already been
expired on 02.04.2026 and the petitioner has approached this
Court for intervention before the expiry of last date of NIT.
9. With the aforesaid observation and directed, the instant petition
stands disposed of.
Sd/- Sd/-
(Ravindra Kumar Agrawal) (Ramesh Sinha)
Judge Chief Justice
Chandra
