1 2025:CGHC:61698 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1861 of 2025 1. Atul Anurag Arthur S/o Shri Nirmal Arthur Aged About 50 Years R/o Suman Niketan, Pendra Road, District - Gaurella- Pendra-Marwahi Chhattisgarh 2. Mahendra Kumar Mandal S/o Seth Suchindra Mandal Aged About 61 Years R/o Jogi Niwas-9, Pendra Road, District - Gaurela-Pendra-Marwahi Chhattisgarh ... Petitioners versus 1. State of Chhattisgarh Through The Secretary Department of Home, Mantralaya, Nava Raipur Atal Nagar, District Raipur, Chhattisgarh 2. The Secretary Department Of Law And Legislative Affairs, Mahanadi Bhawan, Mantralaya, Nava Raipur Atal Nagar, District - Raipur Chhattisgarh 3. The Collector District - Gaurella-Pendra-Marwahi Chhattisgarh 4. The Sub-Divisional Magistrate Pendra Road, District - Gaurella-Pendra-Marwahi Chhattisgarh 5. The Superintendent Of Police Gaurella-Pendra-Marwahi, District - Gaurella-Pendra-Marwahi Chhattisgarh 6. The Station House Officer, Gaurela District - Gaurela-Pendra- Marwahi Chhattisgarh SYED ROSHAN ZAMIR ALI Digitally signed by SYED ROSHAN ZAMIR ALI Date: 2025.12.18 16:34:48 +0530 2 7. Diocese Of Chhattisgarh Through Secretary, Nitin Lawrence, Opp. Rajbhawan, Gate No. 1, Civil Lines, Raipur, District - Raipur Chhattisgarh 8. The Most Rev. B.K. Nayak Moderator, Synod Office Cni Bhawan, Pandit Pant Marg, New Delhi 9. Rev. Ajit Kumar General Secretary Cni Bhawan, 16 Pandit Pant Marg, New Delhi 10. The Ret. Rev. Sushma Singh Bishop, Diocese Of Chhattisgarh, Church Of North India, Opp. Rajbhawan, Gate No. 1, Civil Lines, Raipur, District - Raipur Chhattisgarh 11. The Ret. Rev. S.K. Nanda Ex-Moderator Commissary, Diocese Of Chhattisgarh, Church Of North India, Bishop's House, Mission Road, Cuttack, Odhisha 12. The Ret. Rev. Ajay Umesh James Bishop, Diocese Of Jabalpur, Church Of North India, 2722 Napier Town, Jabalpur Madhya Pradesh 13. Nitin Lawrence Secretary, Diocese Of Chhattisgarh, Church Of North India, Opp. Rajbhawan, Gate No. 1, Civil Lines, Raipur, District - Raipur Chhattisgarh 14. Rev. Nirmal Kumar Presbyter In-Charge, Disciples Church Of Christ, C Of C, Cni, Pendra Road - 495117 District - Gourela- Pendra-Marwahi Chhattisgarh 15. Mr. Bideshi Rajkumar Ex-Treasurer Disciples Church Of Christ Cni Suman Niketan Pendra Road - 495117 District - Gaurela-Pendra-Marwahi Chhattisgarh 16. Bishop P.C. Singh Ex Bishop Of Jabalpur Diocese 2131 - Napier Town Jabalpur 482001 Madhya Pradesh ... Respondents For Petitioners : Mr. Harshmander Rastogi & Ms. Pragya Mishra, Advocates For Respondent No.1 to 6 : Ms. Upasana Mehta, Govt. Advocate For Respondent No.7, 9, 10, 13 & 14 : Mr. Neeraj Choubey, Advocate 3 SB: Hon'ble Shri Justice Parth Prateem Sahu Order on Board 17/12/2025 1. Petitioners have filed this writ petition seeking following reliefs:- “10.1. That, this Hon’ble Court may kindly set aside the order dated 19/03/2025 passed by the respondent SDM, Pendra Road (Annexure P/1) and may be pleased to direct the government and private respondents to provide the access to the Petitioners and their congregation in the concerned Church premises of the Disciple Church of Christ, CNI Suman Niketan Pendra Road for worship at any fixed time slot (preferably from 11:00 a.m. to 02:00 p.m. ) so that the petitioners may perform their religious rituals with his congregation. 10.2. That, this Hon’ble Court may kindly be pleased to quash the communication letter of respondent no.13 dated 16/04/2024 (ANNEXURE P/6) declaring the petitioner no.1 as “member not in good standing”. 10.3. That, the Hon’ble Court may kindly be pleased to grant any other relief, as it may deems fit and appropriate.” 2. Learned counsel for respective respondents raise an objection with regard to maintainability of writ petition and submit that petitioners with regard to relief claimed in this writ petition, are having other alternate remedy available under the law. 4 3. Learned counsel for petitioners submits that petitioners are having right to enter into the Church in question and offer prayer. 4. Learned counsel for respondents No.7, 9, 10, 13 and 14 would submit that respective respondents are managing the affairs of Discipline Church of Christ, CNI, Suman Niketan Pendra Road. Pleadings made in writ petition that petitioners are not permitted to enter into church to offer prayer is baseless. Respondents or other members of managing committee of the church are not restraining the petitioners from entering in church and offering prayer. Petitioners can come to church to offer prayer during timings fixed by the Managing Committee of Church. He also pointed out that this Court considering nature of grievance raised in this writ petition with regard to offering prayer on a particular day has already passed an order on 11.4.2025 and pursuant thereto also petitioners are having right to enter into church and offer prayer during timings fixed by the management of church. He further submits that petitioners want to control and manage the affairs of Church parallely with the management which is already functioning by elected members and that act of petitioners is not permissible under law. 5. During course of arguments, learned counsel for petitioners made an attempt to submit that petitioners are being stopped 5 every day by the members of managing committee from entering into church to offer prayer, however, no proof in this regard has been enclosed along with writ petition or any application in this regard has not been filed subsequent to filing of this petition or subsequent to the order passed by this Court on 11.4.2025. 6. Considering submissions of learned counsel for respective parties, in particular submission of learned counsel for respondent No.7, 9, 10, 13 and 14 and also considering reply filed on behalf of respondent No.14 to the effect that petitioners are being permitted to enter into church to offer prayer during timing fixed for all, respondent No.7, 9, 10, 13 and 14 are directed to allow the petitioners, during the period when Church is open for all as fixed by the Managing Committee, to enter into church to offer prayer. 7. With regard to other grievance, petitioners may avail other remedy available under law. 8. With the above observation and direction, writ petition stands disposed of. 9. Certified copy as per rules. Sd/- (Parth Prateem Sahu) Judge roshan/-