1 / 4 2025:CGHC:61304 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 6006 of 2025 Dolchand Patel S/o Shri Sitaram Patel Aged About 44 Years R/o Village Kanwarpali, Post Nawagarh, Tahsil Saraipali, Mahasamund District Mahasamund C.G. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Its Secretary, Cooperative Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur, District Raipur C.G. 2 - The Deputy Commissioner/Dy. Registrar Of Cooperative, District Mahasamund C.G. 3 - The Joint Commissioner/Joint Registrar Of Cooperative Societies, Raipur Division, Raipur, District Raipur C.G. ... Respondent(s) For Petitioner : Mr. Siddharth Pandey, Advocate For State/respondents : Mr. R. S. Marhas, Additional Advocate General For Intervener : Mr. Rajendra Patel, Advocate SB: Hon'ble Shri Parth Prateem Sahu, Judge Order on Board Digitally signed by PRAVEEN KUMAR SINHA Date: 2025.12.17 14:37:25 +0530 2 / 4 16/12/2025 1. Petitioner has filed this writ petition seeking following reliefs: “10.1 The Hon'ble Court may graciously be pleased to issue a writ/order/direction in the nature of mandamus, thereby directing Respondent No. 1 to include the relevant Schedule Village Kanwarpali in the list of notified Primary Agricultural Credit Cooperative Societies in District Mahasamund, Chhattisgarh, in Annexure P/1, i.e., the Gazette Notification dated 15.10.2025 issued by Respondent No. 1 under the 'District Mahasamund, Chhattisgarh Krishi Sahkari Samiti Punargathan Yojana, 2025; 10.2 The Hon'ble Court may graciously be pleased to issue a writ of mandamus or any other appropriate writ, order, or direction commanding the respondents to give full effect to the appellate order of the Respondent No. 3 dated 06.06.2025 and to act strictly in accordance with the law; 10.3 Any other relief which this Hon'ble Court deems fit and proper be passed in favour of the petitioner along with the cost of the petition.” 2. Learned counsel for the respondents as also counsel for intervener raise an objection with regard to maintainability of the writ petition on the ground that when State Govt. has issued notification calling claims and objections from Members of Society, petitioner has not submitted any claim/objection with regard to re-constitution of Society affecting earlier existing Society. They also contended that no relief is claimed by petitioner for himself and therefore it appears that relief as sought for is in the nature of public interest. It is contended that re-constitution of the Society is the policy decision to be taken by State Govt. and the 3 / 4 authority appointed by it. Petitioner if was Member of any Society, he will be still Member of that Society. According to instruction, petitioner’s village Kanwarpali is coming under the Primary Society, Nawagarh. As the Primary Society, Nawagarh is not affected by re-constitution of Society, name of Primary Society, Nawagarh is not mentioned in Notification (Annexure P-1) but it only mentions newly re-constitution of Society and affected Society. 3. At this stage, learned counsel for the petitioner would submit that objection raised by learned counsel for the State as also counsel for intervener is having no force as in the Notification earlier published prior to 07.08.2025, Kanwarpali has been proposed to be newly re- constituted Society and therefore petitioner was under impression that Kanwarpali will be notified as the independent society. However, while issuing notification Annexure P-1, name of Kanwarpali to be re- constituted Society is not mentioned, which gave a cause of action for filing of instant writ petition. 4. Heard learned counsel for the parties and perused the documents annexed along with writ petition. 5. Main grievance of petitioner is that petitioner is resident of village Kanwarpali. Earlier vide order/letter dated 06.06.2025, the Joint Registrar, Cooperative Societies, Raipur, had recommended for re- constitution of of Kanwarpali Society after considering the objections and claims of other Members/Villagers of affected villages. Before final publication of Notification for re-constitution of Society under the Re- Constitution Scheme 2025, further objection and claims were called. Petitioner for the reason as discussed above may not have submitted 4 / 4 objection or claim and final notification is issued by State Govt. on 15.10.2025. 6. Re-constitution of Society is the decision to be taken by State Govt. considering several factors and therefore instead of keeping this writ petition pending seeking reply from respondents, I find it appropriate to dispose off this writ petition at this stage permitting the petitioner to raise claim for re-constitution of Kanwarpali Society before the State Govt. Cooperative Department and in the event representation/application is submitted by petitioner, concerned authority shall consider and take decision on same in accordance with law, expeditiously, within a further period of 6 months from the date of receipt of representation. 7. With the aforementioned observation and direction, writ petition stands disposed off. Sd/- d/- (Parth Prateem Sahu) Judge Praveen