Page No.1 of 4 IN WP227-189-2025 2025:CGHC:34235 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 189 of 2025 1 - Shri Hatkeshwar Mandir Loknyas, Raipura Raipur, C.G. Through The President Smt. Seema Sharma, Aged About 53 Years, W/o Shri Brijesh Sharma, R/o Wood Island Colony, Amleshwar Phase-I, 79, Tahsil- Patan, District Durg, C.G. 2 - Smt. Shreya Sharma W/o Shri Sushil Sharma Aged About 28 Years Secretary, Shri Hatkeshwar Mandir Loknyas, Raipura, Raipur, C.G., R/o 135, Mahadev Ghat Road, Ward No. 68, Shukla Para, Near Ram Murti, Raipura, Tahsil And District Raipur, C.G. ... Petitioners Versus 1 - Registrar, Public Trusts And Sub-Divisional Officer (R) Raipur, C.G. 2 - Suresh Giri Goswami S/o Late Shri Lochan Giri Goswami Aged About 47 Years R/o Mahadev Ghat, Raipura, Tahsil And District Raipur, C.G. ... Respondents [Cause-title taken from Case Information System (CIS)] ------------------------------------------------------------------------------------------------ For Petitioners : Mr. Jitendra Gupta, Advocate For Respondent No.01 : Mr. Rahul Tamaskar, Govt. Advocate For Respondent No.02 : Ms. Pratibha Sahu, Advocate ------------------------------------------------------------------------------------------------ Single Bench: Hon'ble Shri Justice Sanjay K. Agrawal (Order on Board) 18.07.2025 1. Heard. 2. This writ petition filed under Article 227 of the Constitution of India is directed against order dated 20.01.2025 (Annexure-P/01), passed by SAIFAN KHAN Digitally signed by SAIFAN KHAN Page No.2 of 4 IN WP227-189-2025 the learned Principal District Judge, Raipur (for short the “trial Court”), whereby the suit filed by the appellants/plaintiffs was dismissed being barred by limitation. 3. Facts of the case, in a nutshell, are that the petitioners herein filed a suit for declaration of their trust as Public Trust and also for declaration of Wills dated 25.11.1981 & 09.02.2021 as null and void. The said suit was placed for registration before the trial Court on 20.01.2025 and, after hearing learned counsel for the plaintiffs, the suit has been dismissed by the learned trial Court holding that the application for registration of public trust has been rejected by the Registrar (Public Trust) on 22.02.2024 and suit has been filled on 20.12.2024, therefore, prima facie, the suit is barred by limitation. Accordingly, the suit of the petitioners/plaintiffs was dismissed unregistered being barred by limitation vide impugned order 20.01.2025 (Annexure-P/01). Against which, this petition has been filed. 4. Learned counsel for the petitioner submits that the question of limitation is a mixed question of fact and law and it could only be decided after registration of the suit, framing of preliminary issue and recording of evidence, which the learned trial Court has not at all done in the present case and directly dismissed the suit of the petitioners without registering the same, which is ex facie illegal, arbitrary and bad in law. Hence, the impugned order is liable to be set aside and matter be remitted to the trial Court for fresh consideration. 5. Per-contra, learned counsel appearing for the respondents Page No.3 of 4 IN WP227-189-2025 opposed the submission made by learned counsel for the petitioners and prays for dismissal of this petition. 6. I have heard learned counsel for the parties, considered their rival submissions made hereinabove and went through the record with utmost circumspection. 7. In the case at hand, the application of the petitioners for registration of their trust as Public Trust was rejected by the Registrar, Public Trust on 22.02.2024. Against which, the petitioners preferred suit under Section 08 of the Chhattisgarh Public Trust Act, 1951 on 20.12.2024, which has been dismissed by the learned trial Court holding that the same is barred by limitation, as it has not been preferred within 06 months from the date of rejection of the application (i.e. 22.02.2024). However, it is the case of the petitioners that after rejection of their application vide order dated 22.02.2024, they have preferred revision before the concerned Commissioner (SDO), which was also rejected on 05.06.2024 and, thereafter, certified copy of the order dated 22.02.2024 was applied, which was obtained on 06.12.2024 and only then the suit was filed before the learned trial Court. As such, the suit was not barred by limitation. Even otherwise, the question of limitation is a mixed question of fact and law, which could only be decided after registration of suit and recording of evidence. Therefore, in the considered opinion of this Court, the learned trial Court is absolutely unjustified in dismissing the suit of the petitioners without registration of the same and holding it to be barred Page No.4 of 4 IN WP227-189-2025 by limitation. 8. In that view of the matter, the impugned order dated 20.01.2025 (Annexure-P/01) is liable to be and is hereby set aside. The matter is remitted to the Court of learned Principal District Judge, Raipur for registration of suit filed by the appellants/plaintiffs and deciding the question of limitation alongwith other issues afresh after recording the evidence of the parties in accordance with law expeditiously. The parties are directed to appear before the Court of learned Principal District Judge, Raipur on 01.08.2025. 9. This writ petition is allowed to the extent indicated herein-above. 10. Let a copy of this order be sent to the Principal District Judge, Raipur for information and necessary action. Sd/- (Sanjay K. Agrawal) Judge s@if