1 2025:CGHC:51122 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5390 of 2025 1 - Nitin Lawrence S/o Shri Harbert Lawrence Aged About 39 Years Vice- President, Chhattisagarh Diocese Board Of Education, Church Of North India (Cni), Opposite Raj Bhawan, Raipur, District- Raipur, Chhattisgarh. 2 - Jaideep Robinson S/o Late Shri A. F. Robinson Aged About 57 Years Secretary, Chhattisagarh Diocese Board Of Education, Church Of North India (Cni), Opposite Raj Bhawan, Raipur, District- Raipur, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Its Secretary, Department Of Commerce And Industries, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District- Raipur, Chhattisgarh. 2 - Registrar Firms And Societies, Department Of Commerce And Industries, Indravati Bhawan, Atal Nagar, Nava Raipur, District-Raipur, Chhattisgarh. 3 - Superintendent Of Police Raipur, District- Raipur, Chhattisgarh. 4 - Smt. Sashi Waghe R/o Raja Talab, Indravati Colony, Near Gopal Store, Raipur, District- Raipur, Chhattisgarh. 5 - Shri Atul Arthur R/o Suman Niketan, Gaurela, District- Gaurela-Pendra- Marwahi, Chhattisgarh. 6 - Shri V. K. Singh R/o St. Paul Church Campus, Moti Bagh, Opposite Press Club, Raipur, District- Raipur, Chhattisgarh. 7 - City Superintendent Of Police Raipur, District- Raipur, Chhattisgarh. ----Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Amrito Das, Advocate For Respondent-State : Mr. Praveen Das, Dy. A.G. For Respondent No. 4 to 6 : Mr. Mateen Siddiqui, along with Ms. Diksha Gouraha, Advocate 2 Hon’ble Shri Justice Arvind Kumar Verma Order on Board 14/10/2025 1. The petitioner has filed this writ petition on the following relief: “10.1. That the Hon’ble Court may be pleased to issue an appropriate writ directing respondent No. 1 to expeditiously decide the appeal preferred by the petitioners before it assailing the validity of the order dated 29.09.2025 (Annexure P-1) passed by the Registrar. 10.2 That, this Hon’ble Court may kindly be pleased to issue an appropriate writ restraining the respondent No. 7 from coercing the petitioners to hand over charge to respondent No. 4 to 6. 10.3 Any other relief which the Hon’ble Court may deems fit and proper may also be granted in favour of the petitioner.” 2. Learned counsel for the petitioner submits that the Registrar vide order dated 29.09.2025 have passed an order in a most illegal and arbitrary manner dislodging a duly constituted governing body of the society. An appeal has been preferred against the said order under Section 40 of Chhattisgarh Societies Registration Act, 1973. The said appeal is pending consideration before the state government along with an application for grant of stay. Unfortunately, despite the pendency of the said appeal, respondent Nos. 4 to 6 have resorted to criminal acts to 3 take over charge of the schools and the office. Unfortunately, respondent No. 7 have even sided with them and misusing his office have called petitioner No. 2 to hand over the charge. Such act of forcible misuse of power is grossly arbitrary and contrary to the established principles of rule of law. 3. Learned counsel for the respondent No. 4 to 6 submits that there is statutory alternative remedy i.e. Section 40 of the Act 1973, which has already been availed by the petitioner and the case is pending before the concerned authority. Moreover, the impugned order has been passed by the respondent No. 2 on 29.09.2025 (Annexure P-1) and thereafter on 10.10.2025, the petitioner has filed this petition after 12 days. Further, after passing of the impugned order, the respondents No. 4 to 6 have already taken charge. 4. Learned counsel for the respondent-State has pointed out the operative portion of the impugned order which is as under:- cSBd fnukad 16-04-2023 ds i'pkr ftu fo|ky;ks ds deZpkjh ds fuyacu@Li”Vhdj.k laca/kh dk;Zokgh dh xbZ gS] mu deZpkfj;ksa ds laca/k esa dh xbZ dk;Zokgh dks uohu dk;Zdkfj.kh ds xBu gksus rd LFkfxr j[kk tkos A rFkk dk;Zdkfj.kh ds xBu ds i'pkr~ v’kkldh; f’k{k.k laLFkk v/;kidksa @ deZpkfj;ksa ds inP;qr djus ds fu;e ds vuqlkj dk;Zokgh fd;k tkuk lqfuf’pr fd;k tkosa A 5. Learned State Counsel would submits that the concerned authority has already taken cognizance in this matter under Section 40 of the 1973. 6. Looking to the grievance raised by the petitioner particularly the provision as is envisaged under Section 40 of the Act 1973 and 4 considering the fact that the matter is pending before the respondent No. 1, this Court finds it appropriate to dispose of the present matter with a direction to the respondent No. 1 to fix the date of hearing of pending matter i.e. on 17.10.2025 and both the parties are directed to appear before the competent authority on the said date i.e. 17.10.2025 and the competent authority would hear the pending said appeal and pass the appropriate order on its own merits in accordance with law, rules and regulation 7. Meanwhile, the concerned parties are directed to maintain peace and harmony. 8. It is made clear that this Court has not expressed anything on the merits of the case. 9. With the aforesaid direction, the writ petition is disposed of. Certified Copy Today. Sd/- (Arvind Kumar Verma) Judge