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2025 DAILYLAW 61063 (CHH)

BILASPUR PRESS CLUB v. THE STATE OF CHHATTISGARH

WPC/6420/2025 · 2025-12-14

Shri Parth Prateem Sahu

body2025

Judgment text

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1 2025:CGHC:60859 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 6420 of 2025 1 - Bilaspur Press Club Through Its President, Raghvendra Rao Sabha Bhawan, Tahsil And District Bilaspur (C.G.) 2 - Dilip Yadav S/o Shri P.R. Yadav Aged About 50 Years President, Bilaspur Press Club, Raghvendra Rao Sabha Bhawan, Tahsil And District Bilaspur (C.G.) ... Petitioners versus 1 - The State Of Chhattisgarh Through The Secretary, Department Of Commerce And Industries, Mantralaya, Atal Nagar, Nava Raipur, Raipur (C.G.) 2 - Registrar (Firms And Societies) Block-I, Third Floor, Indrawati Bhawan, Atal Nagar, Nava Raipur, Raipur (C.G.) 3 - Collector District Bilaspur (C.G.) 4 - Assistant Registrar (Firms And Societies) New Composite Building, Collectorate, District Bilaspur (C.G.) 5 - Shri Dileep Agarwal S/o Shri Baijnath Agarwal Aged About 50 Years R/o Raghvendra Rao Sabha Bhawan, Bilaspur District Bilaspur (C.G.) ALFIZA BAIG Digitally signed by ALFIZA BAIG Date: 2025.12.15 14:20:59 +0530 2 6 - Shri Virendra Gahwai S/o Shri R.A. Gahwai Aged About 48 Years R/o House No. 63, J.P. Vihar, Mangla, Bilaspur (C.G.) 7 - Shri Ajit Mishra S/o Shri Shiv Darshan Mishra Aged About 47 Years R/o Subhash Nagar, District Bilaspur (C.G.) ... Respondents For Petitioner : Mr. C.D. Sharma, Advocate appears along with Mr. Shivendra Kumar, Advocate For Respondent-State : Mr. Satish Gupta, Government Advocate For Respondent no. 6 and 7 : Mr. Aniruddh Shrivastava, Advocate Hon’ble Justice Parth Prateem Sahu, Judge Order on Board 15.12.2025 1. Learned counsel for petitioner submits that order Annexure P-1 passed by Registrar is without compliance of the principles of natural justice and therefore, it is bad in law. 2. Learned counsel for State opposes the submission made by counsel for petitioner and would submit that from contents of the order it reflects that notices were issued to person managing affairs and the Election Officer pursuant to notices issued by Registrar has submitted its reply and, therefore, the ground raised by counsel for petitioner on the face of order is not correct. He also submits that petitioner is having an alternate remedy of filing of an appeal under Section 40 of Chhattisgarh Society Registrikaran Adhiniyam, 1973. 3. At this stage, counsel for petitioner submits that in view of the objection raised by counsel for State he may be permitted to withdraw this petition with liberty to avail alternate remedy under Section 40 of Act of 1937. He however, submits that appellate authority will consider and take decision on application as also the interim application to be filed by petitioner at the earliest because pursuant to order Annexure P-1 now the election program has been published. 3 4. In view of submission made by learned counsel for petitioner, this writ petition is disposed of reserving liberty with petitioner to avail alternate remedy of appeal under Section 40 of the Act of 1973. It is directed that if such an appeal along with interim application is submitted the appellate authority shall considered and take decision on application for grant of interim application expeditiously, keeping in mind that election program is already published by Election Officer. 5. Registry is directed to return back certified copy of the documents enclosed along with this writ petition after retaining photocopies of the same. C.C. today. sd/- (Parth Prateem Sahu) Judge alfiza