1 2025:CGHC:15795 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 365 of 2020 1. Chandi Mandir Nyas Samiti, Durg Through Its Vice President Shri Brajraj Yadav, Advocate Chandi Chowk, Durg. R/o C/o Office Of Chandi Mandir Nyas Samiti, Chandi Chowk, Mathpara, Durg, Tahsil And District Durg. 2. Toran Lal S/o Shri Mangluram Aged About 65 Years R/o C/o Office Of Chandi Mandir Nyas Samiti, Chandi Chowk, Mathpara, Durg, Tahsil And District Durg. 3. Kamal Narayan Rungta S/o Late Gajadhar Prasad Rungta Aged About 65 Years R/o C/o Office Of Chandi Mandir Nyas Samiti, Chandi Chowk, Mathpara, Durg, Tahsil And District Durg. 4. Vimal Kumar S/o Late Om Prakash Sakseriya Aged About 60 Years R/o C/o Office Of Chandi Mandir Nyas Samiti, Chandi Chowk, Mathpara, Durg, Tahsil And District Durg. 5. Mahendra Kumar S/o Late Balkrishna Sakseriya Aged About 60 Years R/o C/o Office Of Chandi Mandir Nyas Samiti, Chandi Chowk, Mathpara, Durg, Tahsil And District Durg. 6. Girdhar Sharma S/o Shri Madanlal Sharma Aged About 50 Years R/o C/o Office Of Chandi Mandir Nyas Samiti, Chandi Chowk, Mathpara, Durg, Tahsil And District Durg. 7. Jai Kumar Sharma S/o Late Radhe Shyam Sharma Aged About 65 Years R/o C/o Office Of Chandi Mandir Nyas Samiti, Chandi Chowk, Mathpara, Durg, Tahsil And District Durg. ... Petitioner(s) versus 1. State Of Chhattisgarh Through The Secretary, Ministry Of Culture Dharmik Nyas And Dharmasv, Secretariat, Capital Complex, Atal Nagar, Naya Raipur, District Raipur. 2. The Collector District Durg 2 3. Registrar Public Trust, And Sub Divisional Officer, Revenue District Durg, District Durg, Chhattisgarh 4. The Tahsildar District Durg. 5. Shailendra Tiwari S/o Late Narmada Prasad Tiwari Aged About 50 Years R/o Saraswati Nagar, Road To Chandi Mandir From Panchsheel Nagar, Durg. 6. Arun Kumar Gupta S/o Late Sunder Lal Gupta Aged About 50 Years R/o Mathpara, Durg 7. Ramkumar Das S/o Late Makhandas Aged About 65 Years R/o Mathpara, Durg. 8. Rakesh Sharma S/o Late Kuleshwar Prasad Sharma Aged About 46 Years R/o Gondpara, Durg 9. Nagendra Bhushan Shrivastava S/o Late Girdharlal Shrivastava R/o Kayasth Para, Durg. 10. Komal Singh Thakur S/o Late Khedu Singh Thakur Aged About 67 Years Trustee, Chandi Mandir Nyas Samiti, Durg, Resident Of Behind Chandi Temple, Street No. 2, Ward No. 23, Durg. ... Respondent(s) For Petitioners : Ms. Sameeksha Gupta, Adv. on behalf of Mr. B.P. Sharma, Adv. For State : Ms. Neelima Sigh Thakur, P.L. For Respondents No. 5, 6, 7 and 9 : Mr. Purnendra Khichariya, Adv. For Respondent No. 8 : None For Respondent No. 10 : Mr. Ashish Surana, Adv. along with Mr. Chetan Singh Chouhan, Adv. Hon’ble Shri Justice Rakesh Mohan Pandey Judgment On Board 03-04-2025 1) Heard on admission. 2) The petitioners have filed this petition challenging the order passed by the Registrar Public Trust -cum- Sub Divisional Officer (R), Durg dated 08.06.2020, whereby an administrator was appointed to look into the affairs of petitioner No. 1/ trust during the Covid-19 period. 3 3) Learned counsel for the petitioners submits that private respondents filed a civil suit (C.S. No. 30-A/2012) under the provisions of Section 8(1) of the Chhattisgarh Public Trusts Act, 1951 before the learned Fourth Civil Judge, Class-I, Durg and a decree was passed in their favor on 28.02.2020. She further submits that a regular civil appeal U/s 96 of CPC was preferred along with an application U/o 41 Rule 5 of CPC against the judgment and decree dated 28.02.2020, which is still pending consideration before the learned Fourth Additional District Judge, Durg. She contends that on account of the Covid-19 outburst, the interim application moved by the petitioner could not be heard by the concerned Court and in between, the order impugned was passed by the Registrar Public Trusts -cum- Sub Divisional Officer (R), Durg on 08.06.2020, therefore, the petitioners approached this Court by filing this petition. She further contends that the interim order was granted in favor of the petitioners on 17.06.2020. She argues that as the regular civil appeal, as well as the application U/o 41 Rule 5 of CPC, are pending consideration before the learned Fourth Additional District Judge, Durg, a direction may be issued to the concerned Court to decide the pending application within a stipulated time and till the decision is taken on the interim application, protection may be extended. 4) On the other hand, learned counsels appearing on behalf of the respective respondents oppose. They submit that the suit filed by the private- respondents was decreed. They further submit that the appeal is pending before the learned Fourth Additional District Judge, Durg since 2020 but till date, the application moved U/o 41 Rule 5 of CPC has not been pressed by the petitioners. They contend that this petition 4 is not maintainable and the petitioners ought to have challenged the said order by filing a civil suit. They submit that the petition deserves to be dismissed. 5) Heard learned counsel for the parties and perused the documents available on the record. 6) Admittedly, a civil suit was filed under Section 8(1) of the Act, 1951 by the private-respondents which was decreed vide judgment dated 28.02.2020. Thereafter, the petitioners preferred an appeal before the Fourth Additional District Judge, Durg along with an interim application under Order 41 Rule 5 of CPC but that application has not been decided till date. The Registrar Public Trusts -cum- Sub Divisional Officer (R), Durg appointed an administrator vide order dated 08.06.2020 during the pendency of the first appeal. The petitioners have challenged the said order by filing this petition. This Court vide order dated 17.06.2020 stayed the effect and operation of the order dated 08.06.2020. 7) Taking into consideration the fact that the regular civil appeal is pending consideration before the learned Fourth Additional District Judge, Durg and the interim application is also pending, I am not inclined to keep this matter pending. Accordingly, this petition is hereby disposed of directing the learned Fourth Additional District Judge, Durg to decide the pending application moved by the petitioners under Order 41 Rule 5 of CPC within 30 days from today. The interim order dated 17.06.2020 shall remain operative for a period of 30 days. 8) The petitioners shall be at liberty to make an application for the urgent hearing along with a copy of this order before the learned Fourth 5 Additional District Judge, Durg. The petitioners are also directed to inform the interested parties regarding the next date of hearing. 9) With the aforesaid direction(s), the instant writ petition stands disposed of. Sd/- (Rakesh Mohan Pandey) JUDGE Ajinkya