Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:8445
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 926 of 2012
1. Atmaram Sahu S/o Late Bhagwan Singh Sahu Aged About 62 Years R/o H. No. E-20 A, Maroda Sector, Bhilai, Ps. Newai, Post Civic Centre, Bhilai, District Durg Chhattisgarh 495001.
2. Nand Kumar Sahu S/o Shri Bhurwa Ram Sahu Aged About 74 Years R/o Model Town, Nehru Nagar, Bhilai, Ps. Supela, Post Nehru Nagar, Tahsil And District Durg Chhattisgarh 490002.
3. (Deleted) Laxman Sahu As Per Hon'ble Court Order Dated 02.01.2023.
4. Ramadhar Sahu S/o Late Rambharosa Sahu Aged About 63 Years R/o M.I.G. 1/86, Hudco, Bhilai, Ps. Sector-6, Bhilai, Po. Hospital Sector, Tahsil And District Durg Chhattisgarh.490009
5. (Deleted) Ayodhya Prasad Sahu As Per Hon'ble Court Order Dated
02.01.2023.
6. Dr. Hiralal Sahu S/o Late Shri Dhansai Sahu Aged About 58 Years R/o Gol Market, Vaishali Nagar, Bhilai, Ps. Supela, P.O. Vaishalinagar, Tahsil And District Durg Chhattisgarh 490023
7. Gaukaran Lal Sahu S/o Late Shri Rewaram Sahu Aged About 65 Years R/o Bank Colony, Nehru Nagar, Bhilai, Ps. Supela, P.O. Nehru Nagar, Tahsil And District Durg Chhattisgarh 490020
8. Girish Kumar Sahu S/o Late Derharam Sahu Aged About 55 Years R/o Ashish Nagar, Risali, P.S. Newai, P.O. Civic Centre, Tahsiland District Durg Chhattisgarh 490006
9. (Deleted) Pachkaud Das As Per Hon'ble Court Order Dated 02.01.2023.
10. Pramod Kumar Sahu S/o Samajh Ram Sahu Aged About 48 Years R/o Karhidih, Durg, Ps. Mohannagar, P.O. Karhidih, Tahsil And District Durg Chhattisgarh 491001
11. Govind Ram Sahu S/o Late Dashrath Sahu Aged About 47 Years R/o Smriti Nagar, Junwani, Ps. Jevra Sirsa, Po. Smiriti Nagar, Tahsil And District Durg Chhattisgarh 490009. SIDDHANT TAMRAKAR Digitally signed by SIDDHANT TAMRAKAR Date: 2025.02.21 10:15:20 +0530
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... Petitioner(s) versus
1. Umesh Kumar Sahu S/o Bhagirathi Sahu Aged About 48 Years R/o Dadar Niwas, Near Usha Printers, Model Town, Bhilai Nagar, Ps. Model Town, Supela, P.O. Nehru Nagar, Tahsil And District Durg Chhattisgarh 490020.
2. Board Of Revenue Thru Its Secrty., Bilaspur, Circuit Court Raipur District Raipur Chhattisgarh.
... Respondent(s) (Cause Title is taken from Case Information System) For Petitioners
: Mr. Rishikant Mahobia, Advocate For Respondent No. 1 : Mr. A.S. Rajput, Advocate Hon'ble Shri Justice Rakesh Mohan Pandey
Order on Board
18.
02.2025
1. Heard.
2. Learned counsel for the petitioners would submit that the committee namely Nirmal Gyan Mandir, Kabir Ashram, Junwani, District Durg was initially registered under the provisions of Societies Registration Act and the petitioners are its members. He would further submit that an application was moved by respondent No. 1 before the Tehsildar to change the name and address of the committee and said application was allowed by the Tehsildar. He would also submit that the petitioners moved an application before the Tehsildar for review of the said order and the Tehsilder passed
order in their favour vide order dated 11.04.2002. It is contended that the respondent No. 1 preferred an appeal before the Sub-Divisional Officer and the same was allowed vide order dated 18.06.2002. The Commissioner and Board of Revenue affirmed the order passed by the Sub-Divisional Officer. He would submit that the Tehsildar rightly corrected the revenue entries and deleted name and address of respondent No. 1.
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3. On the other hand, Mr. A.S. Rajput, counsel appearing for respondent No. 1 would submit that according to the provisions of Section 8 of the C.G. Societies Registration Act, 1975 only the Registrar of Cooperative Societies has authority to change the name and address of a society; therefore, the Sub-Divisional Officer, Durg allowed the appeal preferred by respondent No. 1.
4. Mr. Rishikant Mahobia, Advocate appearing for the petitioners would submit that now the committee has been registered under the provisions of C.G. Public Trust Act. He would further submit that name and address of the committee has been entered in the Register of Registrar, Public Trust.
5. Considered the submissions made by respective counsels and perused the documents placed on records.
6. The name and address of respondent No. 1 was entered in revenue record by the Tehsildar and later on said order was reversed. The Sub-Divisional Officer set-aside the order passed by Tehsildar on the ground that power is vested with the Registrar to change name and address in the register. The Commissioner and Board of Revenue have affirmed the order passed by the Sub-Divisional Officer.
7. According to the provisions of Section 8 of the C.G. Societies Registration Act, 1975, the Registrar alone is vested with the power to change name and address of the society; therefore, in opinion of this Court, Tehsildar exceeded its jurisdiction. The committee has been registered as Public Trust according to the provisions of C.G. Public Trust and its name and address have been entered in the register of Registrar, Public Trust.
8. If the petitioners are aggrieved with the order passed by the Sub-Divisional Officer, Commissioner and Board of Revenue, they may approach the Registrar, Public Trust or other authority for redressal of their grievances.
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9. With the aforesaid observation(s), the instant petition is hereby disposed of. Sd/-
(Rakesh Mohan Pandey)
Judge $iddhant