Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 39178 (CHH)

SACHIN KUMAR SINGHAL v. CHHATTISGARH STATE GOVERNMENT

WPC/5083/2024 · 2025-04-11

Shri Amitendra Kishore Prasad

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:17025 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5083 of 2024 1 - Sachin Kumar Singhal S/o Rajendra Prasad Singhal Aged About 32 Years R/o Flat - A-2, Sai Sugandha, Sai Enclave, Near Agroha, Marg, Laxman Ban Talab, Korba, District Korba (C.G.) 2 - Mukesh Kumar Agrawal S/o Banshilal Agrawal Aged About 54 Years R/o House No. 103, Ward No. - 02, Power House Road, Saket Nagar, Chirag Pay And Pants, Korba Town, Korba, District Korba (C.G.) 3 - Dhiraj Agrawal S/o Ramesh Agrawal Aged About 47 Years R/o Agrawal Mohalla, Ward No. 08, Korba Town, Korba, District Korba (C.G.) ... Petitioner(s) versus 1 - Chhattisgarh State Government Secretary Department Of Trade And Industries, Mahanadi Bhawan, Atal Nagar, New Raipur (C.G.) 2 - Registrar Firms And Societies Raipur (C.G.) 3 - Assistant Registrar Firms And Societies, Bilaspur (C.G.) 4 - Shri Shyam Mitra Mandal Society Korba Through Its President Rohini Sultaniya 5 - Vimal Modi Secretary Shri Shyam Mitra Mandal Society Korba (C.G.) 6 - Manoj Agrawal (Manni) Treasurer, Shri Shyam Mitra Mandal Society, Korba (C.G.) ... Respondent(s) (Cause-title taken from Case Information System) RAVI SHANKAR MANDAVI Digitally signed by RAVI SHANKAR MANDAVI Date: 2025.04.23 12:41:40 +0530 2 For Petitioners : Mr. Harsh Wardhan, Advocate For State/Respondent/s : Mr. R. K. Gupta, Additional Advocate General For Respondents No.4, 5 & 6. : Mr. Shailendra Shukla, Sr. Advocate along with Mr. Dinesh Kumar Bole, Advocate Hon'ble Shri Justice Amitendra Kishore Prasad Order on Board 11/04/2025 1. Heard Mr. Harsh Wardhan, learned counsel for the petitioners. Also heard, Mr. R. K. Gupta, Additional Advocate General for the State/respondent/s as well as Mr. Shailendra Shukla, Sr. Advocate along with Mr. Dinesh Kumar Bole, Advocate for the respondents No.4, 5 & 6. 2. By way of this writ petition, the petitioners have prayed for following reliefs: “10.1 This Hon'ble Court may kindly be pleased to issue an appropriate Writ or Order or direction thereby calling for the records in respect of the grievance of the petitioners including all the requires of the respondent society. 10.2 That, this Hon'ble Court may kindly be pleased to handover the entire functioning of the respondent association/society in the hands of the respondent Registrar, Firms and Societies till the elections are completed and afresh duly elected body is placed. 10.3 That, this Hon'ble Court may kindly be pleased to direct the respondent Registrar, Firms and Societies conduct detailed inquiry in respect of the functioning of the respondent association/society. 10.4 That, this Hon'ble Court may kindly be pleased to direct the respondent Registrar, Firms and Societies to 3 undertake the election of the respondent association/society under its strict supervision after publication of provisional and final member/voter, in accordance with law. 10.5 That, the Hon'ble Court may be pleased to grant any other relief including cost of the petition to the petitioners, which this Hon'ble Court deems fit and proper in the facts and circumstances of the present case.” 3. Learned counsel for the petitioners submits that he has filed a complaint before the Assistant Registrar, Farm and Societies, Bilaspur on 08/07/2024 (Annexure P/3) and 20.09.2024 (Annexure P/5), which are pending for consideration, as such, he is praying for limited relief that the Assistant Registrar, Farms and Societies, Bilaspur be directed to consider his complaint and to decide the same in a expeditious manner as it is lying pending since 20.09.2024. 4. On the other hand learned counsel for the respondents No.4, 5, and 6 submits that while deciding the complaint the Assistant Registrar, Farms and Societies, Bilaspur has to see the cause of action also, as such, if the Assistant Registrar, Farms and Societies, Bilaspur considers the cause of action, the direction can be issued for deciding the same. Learned counsel for the respondents No.4, 5 and 6 further submits that today itself the return has been filed. 5. I have heard learned counsel for the parties and also perused the material available on record. 4 6. Considering the aforesaid facts and circumstances that since 20.09.2024, the compliant is lying pending before the Assistant Registrar, Farms and Societies, Bilaspur as such, the respondents No.3/ the Assistant Registrar, Farms and Societies, Bilaspur is directed to consider the same and to decide the same in accordance with law within 60 days from the date of production of copy of this order. 7. It is made clear that this Court has not expressed any thing on merits and the respondents may consider the case of the petitioner on its own merits. 8. The respondents No.3/ the Assistant Registrar, Farms and Societies, Bilaspur is at liberty to pass appropriate order in accordance with law giving proper opportunity of hearing to all the parties. 9. With the aforementioned observation/s and direction/s, this writ petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge Ravi Mandavi