1 2025:CGHC:9607 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP No. 5035 of 2004 • Amrapali Sahakari Griha Nirman Sanstha Maryadit, Raipur, a registered Housing Co-operative Society under the Co-operative Societies Act, through its President Bhavin Jain, aged about 41 years S/o Shri H.C. Jain, resident of D-6, Amrapali Socieity, Pachpedi Naka, Post Office & District Raipur ... Petitioner Versus 1. State of Chhattisgarh, through the Secretary, Co-operative Department Government of Chhattisgarh, Mantralaya, D.K.S. Bhavan, Raipur 2. The Registrar, Co-operative Societies Chhattisgarh, Telibandha, Ring Road, Raipur 3. Shri Subrat Sahu, I.A.S. Registrar, Co-operative Societies, Telibandha, Ring Road, Raipur (C.G.) 4. Shri P.R. Naik, Joint Registrar, Co-operative Societies Raipur, District at Present posted as Additional Registrar, Co-operative Society, Telibandha, Ring Road, Raipur. 5. Shri Sanjay Nayak, Deputy Registrar, Co-operative Society, Presently posted as Deputy Registrar, Co-operative Society, Khandwa (M.P.) 6. Shri L.L. Rayast, Deputy Registrar, Co-operative Societies, Raipur 7. Shri Rajkumar Naidu, Co-operative Inspector, the then Officer-in- Charge, Amrapali Sahakari Greh Nirman Sanstha Maryadit, Raipur. Presently posted at O/o Registrar Cooperative Societies, Raipur 8. Shri P.L. Thakur, Retd. Sr. Inspector, Co-operative, Resident of Tikrapara, Near Sabji Bazar, Infront of Chanchal Kiraya Bhandar, Raipur 9. Shri Sanat Dewangar, Ex- Manager of Amrapali Societies, R/o Gabrapara, Tikrapara, Raipur 10. Shri Trilok Chand Chopra, R/o E- 106, Sector-1, Devendra Nagar, Raipur (C.G.) 11.Shri Uttam Jain, R/o Aarihant Vastralaya, Pachpedi Naka, Raipur (C.G.) 12.Smt. Madhu Jain W/o Shri Gautam Chand Jain, R/o Infront of Nahta Market, Sadar Bazar, Raipur (C.G.) 13.Smt. Satyawati Sinha W/o Shri R.R. Sinha, R/o Village Devpuri, Post- Lalpur, Raipur (C.G.) Digitally signed by RAMESH KUMAR VATTI 2 14.Shri Moolchand Golchha, R/o Nahta Market, Sadar Bazar, Raipur (C.G.) 15.Shri Vyasdev Bhoi, R/o Near Maharana Pratap Udyan, Shyamnagar, Raipur (C.G.) 16. Shri M.L. Pawar R/o Bhukhand No. B/13, Amrapali Sahakari Nirman Sansthan Samiti, Onwards Pachpedi Naka, Dhamtari Road, Raipur (C.G.) 17. Shri Amarjit Singh, R/o Bhukhand No. C/10, Amrapali Sahakari Nirman Sansthan Samiti, Onwards Pachpedi Naka, Dhamtari Road, Raipur (C.G.) 18. Shri Naveen Kumar Nayak, R/o Geetanjali Nagar, Sector-1, House No. 246, Raipur (C.G.) 19. Smt. Paras Bai Baid W/o Shri Jaithmal Baid, R/o Infront of Jain Mandir, Sadar Bazar, Raipur (C.G.) 20. Sweta Vidya Mandir, R/o Near Kusabhau Thackre Awavasiya Parisar, New Rajendra Nagar, Raipur (C.G.) 21. Shri Rajesh Patel, S/o Shri Jagdev Ram Patel, R/o Shyam Nagar, Raipur (C.G.) 22. Maheshwar Dadsena, R/o 521, New Rajendra Nagar, Raipur (C.G.) 23. Ishwar Dadsena, R/o New Rajendra Nagar, R.D.A. Colony, Raipur (C.G.) 24. K. Bardia & Company, R/o 17, Vivekanand Nagar, Raipur (C.G.) 25. Shri Rajesh Parate, R/o D-88, Sector-1, Tagore Nagar, Raipur (C.G.) 26. Shri Rajesh Shukla, R/o New Shanti Nagar, Near Pani Tanki, Raipur & Phool Chowk, Near Vitthal Mandir, Raipur (C.G.) 27. M/s. Chopra Chasma Ghar, proprietor Shri Vishal Chopra, S/o late Shri S.N. Chopra, R/o 280-C, Priyadarshini Colony, Ring Road No. 1, Raipur, Tahsil & District Raipur (C.G.) ... Respondents For Petitioner : Mr. Anup Mazumdar, Advocate For Respondents No. 1 & 2 For Respondents No. 6, 7, 11 and 14 For Respondent No. 15 For Respondent No. 22 : : : : Mr. Prateek Tiwari, Panel Lawyer Ms. Pooja Loniy, Advocate Mr. Roop Naik, Advocate Mr. H.B. Agrawal, Senior Advocate with Ms. Preeti Yadav, Advocate Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 25/02/2025 1. The petitioner has filed this petition seeking the following relief(s):- 3 “7.1 A writ and / or an order in the nature of writ of mandamus do issue call upon the respondent State authorities concerned to produce before this Hon’ble Court all the records in relation to the action of the officers concerned of the petitioner society till date, so that the legalities of their action may be judged on the touchstone of reasonableness by this Hon’ble Court. 7.2 A writ and / or an order in the nature of writ of certiorari do issue quashing all the illegal actions of the respondents concerned and restore the position, as it existed prior to the appointment of the Officer In-charge as far as possible in the facts and circumstances of the case. 7.3 A writ and / or an order in the nature of writ of mandamus do issue commanding and directing the appropriate State authorities to hold an enquiry in the acts of omission and commission of the officers of the State and on finding the commission of offence by them, prosecute them in accordance with law. 7.4 Cost of the petition may also be granted. 7.5 Any other relief which this Hon’ble court may deem fit in the facts and circumstances of the case.” 2. The dispute with regard to the allotment of plots has already been settled between the petitioner-Society and the private respondents. The claim of 03 allottees, particularly respondents No. 20, 24 and 27 has not been settled yet. 3. Mr. Anup Mazumdar, learned counsel appearing for the petitioner would fairly submit that the decision is to be taken by the Town and Country Planning in this regard. He would further submit that as there is a dispute, the decision is to be taken by Town and Country Planning. He would contend that if respondents No. 20, 24 and 27 make a representation before the petitioner-Society as well as the Town and Country Planning, an appropriate decision would be taken by the authorities concerned in an objective manner strictly in accordance with law. 4 4. Learned counsels appearing for the respondents would endorse such a proposal given by Mr. Anup Mazumdar. 5. Heard learned counsel for the parties. 6. Taking into consideration the dispute involved in the present case and the resolution whereby the dispute pertaining to 24 respondents has already been settled, this petition, at this juncture, is disposed of reserving liberty in favour of respondents No. 20, 24 and 27 to make a representation before the Town and Country Planning raising their grievances and in turn, the authority concerned including the petitioner- Society shall take an appropriate decision in an objective manner preferably within a period of 120 days from the date of receipt of representations made by respondents No. 20, 24 and 27. The change of the members of the Society will not affect the findings recorded in this order. 7. With the aforesaid direction(s), this petition is disposed of. Sd/- (Rakesh Mohan Pandey) Judge vatti