1 2025:CGHC:44533 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4648 of 2025 1 - Pawan Kumar Sahu S/o Shri Beduram Sahu Aged About 59 Years R/o Talpuri, Block A, Tulip, 361, Bhilai, District Durg (C.G.) 2 - Vijay Astikar S/o P. Astikar Aged About 53 Years R/o Talpuri, Block A, Tulip, 361, Bhilai, District Durg (C.G.) 3 - Shiv Kumar Sahu S/o Kunjbhuwan Sahu Aged About 55 Years R/o Gandhi Chowk, Janjgiri B.M.Y. Charoda, District Durg (C.G.) 4 - Vijay Verma S/o Dwarika Prasad Verma Aged About 59 Years R/o Village Somani Bhilai 3, District Durg (C.G.) 5 - Nivedita Sahu W/o Bhuwan Kumar Sahu Aged About 53 Years R/o Talpuri, Block A, Tulip, 361, Bhilai, District Durg (C.G.) 6 - Madan Singh Rajput S/o B.S. Rajput Aged About 60 Years R/o Near Gangotri School, Shikshit Nagar, Charoda, District Durg (C.G.) 7 - Sumit Jain S/o Late Shri Kachrumal Jain Aged About 48 Years R/o Near Jain Mandir, Bhilai 3, District Durg (C.G.) 8 - Srijan Sahu S/o Pawan Kumar Sahu Aged About 26 Years R/o Talpuri, Block A, Tulip, 361, Bhilai, District Durg (C.G.) ... petitioners(s) versus 1 - State Of Chhattisgarh Through Its Secretary, Department Of Trade And Commerce, Mantralaya, Atal Nagar, Nawa Raipur, District Raipur (C.G.) 2 - Registrar Firms And Societies Indrawati Bhawan Block-1, Third Floor, Atal Nagar, Nawa Raipur, District Raipur (C.G.) 3 - Assistant Registrar Firms And Societies Durg, District Durg (C.G.) 4 - Kailash Mansarowar Shikshan Samiti Charoda A Society Duly Registered Under The Provisions Of The Society Registration Act, 1973, Through Secretary Basant Kumar Sahu S/o Shri B.R. Sahu Aged 60 Years R/o Shikshit Nagar, Digitally signed by JYOTI JHA Date: 2025.09.02 14:39:18 +0530 2 B.M.Y., Charoda, Durg, District Durg (C.G.) ----Respondents (Cause-title taken from Case Information System) For petitionerss : Mr. Rajeev Shrivastava, Sr. Advocate along with Mr. Sourabh Sahu, Advocate For Respondent-State : Mr. R.S. Marhas, Addl. A.G. For Respondent No. 4 : Mr. Avinash Chand Sahu along with Mr. Aman Tamrakar, Advocate Hon’ble Shri Justice Arvind Kumar Verma Order on Board 02/09/2025 1. The present writ petition has been filed seeking following relief(s);- 10.1 This Hon’ble Court may kindly be pleased to quash the order dated 06.08.2025, passed in Appeal 540/1028 passed by Respondent No. 2 10.2 This Hon’ble Court may kindly be granted any other relief/order/direction in favour of petitioners, which deemed fit & proper in the facts and circumstances of the case, in the interest of justice. 2. Learned Sr. counsel for the petitioners submits that impugned order dated 06.08.2025 passed by the respondent No. 2-Registrar is without jurisdiction and is not sustainable in the eyes of law as the respondent No. 2 had directed for conducting fresh election of the Society amongst the founding members of the Society and four founding members have already resigned from the society. The order dated 06.08.2025 has been passed without considering the entire facts and materials available on record, as there is no dispute amongst the elected members of the society and Basant Sahu who is not a member of Society cannot challenge the same, therefore he prays for quashment of the impugned order dated 06.08.2025 3. Learned counsel for respondent-State as well as learned counsel for the respondent No. 4 jointly submit that with regard to the grievance of 3 the petitioners, there is an alternative remedy available to petitioners to file appeal under Section 40 of the Chhattisgarh Societies Registration Act 1973, therefore the present writ petition is not maintainable. 4. I have heard learned counsel for the parties and perused the material available on record. 5. Section 40 of the Chhattisgarh Societies Registration Act 1973 provides as under:- (1) An appeal shall lie,— (a) if the order is made by the Registrar appointed under subsection (1) of Section 4 either in original case or in appeal under clause (b) to the State Government; (b) if the order is made by the subordinate officers appointed under sub-section (2) of Section 4 or any other person to the Registrar appointed under sub-section (1) of Section 4.] (2) An appeal under sub-section (1) shall be filed within two months of the date of communication of the order : Provided that the Appellate Authority may admit an appeal after the expiry of such period if the appellant satisfies the Appellate Authority that he had sufficient cause for not preferring the appeal within such period. 6. Considering the submission of the respondents and considering the facts and circumstances of the case and perusing the Section 40 of the Act 1973, this Court is of the opinion that there is an alternative remedy available to the petitioners to file appeal under Section 40 of the Chhattisgarh Societies Registration Act 1973, therefore I am not 4 inclined to entertain this petition. 7. Accordingly this writ petition is disposed of with a liberty to the petitioners to file appeal before the Competent Authority under Section 40 of the said Act, 1973, if he so advised. If the appeal along with interim application is filed by the petitioners, the Competent Authority is directed to consider the matter as expeditiously as possible. 8. The Registry is directed to return the certified copy of the documents after retaining photocopy of the same. 9. Accordingly, the present writ petition stands disposed of. Certified Copy Today Sd/- (Arvind Kumar Verma) Judge Jyoti