1 CGHC010333412016 2026:CGHC:35753 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 313 of 2016 1 - Seth Kirodimal Charity Trust, Raigarh A Public Trust Registered Under The Relevant Provisions Of The Chhattisgarh Public Trusts Act, 1951, Having Its Registratrion No. 16 And Registered Office At Sadar Bazaar, Gaddi Chowk, Police Station City Kotwali, Raigarh, Post Raigarh, District Raigarh, Chhattisgarh, Through Its Chairman Shri Ramesh Kumar Moda, S/o Shri Pururshottam Das Moda, Aged About 65 Years, R/o Sadar Bazaar, Gaddi Chowk, Police Station City Kotwali, Raigarh, Post Raigarh, District Raigarh, Chhattisgarh, Chhattisgarh 2 - Uma Devi Moda, W/o Ramesh Kumar Moda, Aged About 63 Years R/o Sadar Bazaar, Gaddi Chowk, Police Station City Kotwali, Raigarh, Post Raigarh, District Raigarh, Chhattisgarh, District : Raigarh, Chhattisgarh 3 - Rajesh Kumar Moda, S/o Ramesh Kumar Moda, Aged About 46 Years R/o Sadar Bazaar, Gaddi Chowk, Police Station City Kotwali, Raigarh, Post Raigarh, District Raigarh, Chhattisgarh, District : Raigarh, Chhattisgarh 4 - Manish Singhaniya, S/o Mahendra Singhaniya, Aged About 41 Years R/o 268/10, G T C Road, South Narayani Complex, Lilua, SUGUNA DUBEY Digitally signed by SUGUNA DUBEY Date: 2026.08.13 16:48:39 +0530 2 Howrah, West Bengal, Police Station And Post Lilua, Howrah, West Bengal, District : Howrah, West Bengal 5 - Vandana Singhaniya, Aged About 37 Years R/o 268/10, G T C Road, South Narayani Complex, Lilua, Howrah, West Bengal, Police Station And Post Lilua, Howrah, West Bengal, District : Howrah, West Bengal --- Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Public Trusts, Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur, Chhattisgarh, Chhattisgarh 2 - Collector, Raigarh, District Raigarh, Chhattisgarh, District : Raigarh, Chhattisgarh 3 - Registrar, Public Trusts, Raigarh Cum Sub Divisional Officer, Raigarh, District Raigarh Chhattisgarh, District : Raigarh, Chhattisgarh 4 - Kalicharan Kesan (Died And Deleted) As Per Hon'ble Court Order Dated 15.01.2026 --- Respondent(s) WP227 No. 214 of 2019 1 - Ramesh Kumar Moda S/o Late Purshottam Das Moda Aged About 65 Years Chairman, Seth Kirodimal Charity Trust Raigarh, Registered Office At Sadar Bazar, Gaddi Chowk, Raigarh, District- Raigarh, Chhattisgarh. 2 - Smt. Uma Devi Moda W/o Ramesh Kumar Moda Aged About 63 Years R/o Sadar Bazar Gaddi Chowk, Raigarh, District- Raigarh, Chhattisgarh. 3 3 - Rajesh Kumar Moda S/o Ramesh Kumar Moda Aged About 46 Years R/o Sadar Bazar Gaddi Chowk, Raigarh, District- Raigarh, Chhattisgarh., District : Raigarh, Chhattisgarh 4 - Manish Singhania S/o Mahendra Singh Aged About 41 Years R/o 268/2010, Gtc Road, South Narayani Complex, Lilua, Howrah, West Bengal., District : Howrah, West Bengal ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Registrar Public Trust Cum Sub- Divisional Officer (Revenue), Raigarh, District- Raigarh, Chhattisgarh., District : Raigarh, Chhattisgarh 2 - Kalicharan Keshan (Deleted) As Per Hon’ble Court Order Dated 17- 08-2021. --- Respondent(s) For Petitioner(s) : Dr. N.K.Shukla, Sr. Advocate assisted by Mr. Dinesh Kumar Bole, Advocate; Mr. Siddarth Pandey and Ms. Paulomi Das, Advocates respectively For Respondent/State : Mr. Avinash Singh,GA (Hon’ble Shri Justice Ravindra Kumar Agrawal) Order on Board 12/08/2026 Both these petitions are arising out of the common proceeding pending before the learned Principal District Judge Raigarh, in MJC No. 03/2010 and therefore they are being heard and decided analogously. 4 2. WP227 No. 313 of 2010 has been filed by the petitioners claiming for the following reliefs: 10.1. The Hon’ble Court may kindly be pleased to call for the entire records leading to the impugned proceedings pending before the learned District Judge, Raigarh for the kind perusal of this Hon’ble Court. 10.2. The Hon’ble Court may kindly be pleased to quash the proceeding pending before the learned District Judge Raigarh in Civil MJC No. 03/2010 (Sub Divisional Officer (Reveneu), Raigarh Vs. Seth Kirodimal Charity Trust, Raigarh and Others. 10.2 Cost of the petition may also be granted to the petitioners. 10.4. Any other relief which this Hon’ble Court deems fit and proper may also kindly be granted to the petitioners in the interest of justice. 3. In WP227 No. 214/2019, the petitioners have claimed for the following reliefs: 10.1. The Hon’ble Court may graciously be pleased to set aside the order dated 07.01.2019 passed by the learned District Judge, Ragiarh in Miscellaneous Civil Case No. 03/2010 (Annexure P/1) whereby the petitioners have been directed to adduce evidence first and further be pleased to issue direction to the learned District Judge, Raigarh to comply with the procedure given in Civil 5 Procedure Code, in the ends of justice. 10.2. Any other relief which the Hon’ble Court deems fit and proper be awarded in favour of the petitioner. 4. Dr. Shukla, learned Senior Advocate appearing for the petitioner in W.P. No. 227/313 of 2016, submits that petitioner No.1 is a registered Public Trust under the Madhya Pradesh Public Trusts Act, 1951. It is submitted that the then Government of Madhya Pradesh issued a notification dated 16.10.1953 in respect of certain classes of Public Trusts registered under the Act of 1951, and that petitioner No.1 was also granted exemption under the said notification. 5. It is further submitted that on 23.06.2009, the Chhattisgarh Chamber of Commerce and Industries, Raipur, made a complaint before the Hon’ble Minister of State Government alleging certain irregularities. The complaint was thereafter forwarded to the District Collector, Raigarh, who, in turn, forwarded the same to the Sub- Divisional Officer, Raigarh, for enquiry. Upon enquiry, the SDO, Raigarh, instituted proceedings under Section 26 of the Act of 1951 and submitted the enquiry report before the learned District Judge, Raigarh, who is the competent authority under the said Act. 6. Learned Senior Advocate for the petitioners further submits that the proceedings have remained pending before the learned District Judge, Raigarh, since the year 2010 and, despite several adjournments granted to the parties, the same have not attained finality. It is submitted that the State has not placed on record any 6 document or subsequent notification showing that the notification dated 16.10.1953, granting exemption to the Public Trust, has either been modified, diluted or rescinded. In the absence of any such material, the learned District Judge, Raigarh, has not proceeded to decide the matter, resulting in its continued pendency. Therefore, the learned District Judge, Raigarh, may be directed to decide MJC No.03/2010, pending before him, within a reasonable period and in accordance with law. 7. The submissions advanced by learned Senior Advocate is adopted by Mr. Siddarth Pandey, Advocate in WP 227 No. 214/2019. He however, submits that the matter involved in the said petition pertains to the very same proceedings, i.e., MJC No.03/2010, and he has no objection if a similar direction is issued to the learned District Judge, Raigarh, for expeditious disposal of the said proceeding in accordance with law. 8. Per contra, learned counsel appearing for the State also has no objection to issuance of a direction to the learned District Judge, Raigarh, to decide MJC No.03/2010 within a stipulated period. It is, however, submitted that the respondent/State may be permitted to avail all such defences as are available to it in law before the learned Court. I have heard learned counsel for the parties and perused the material available on record. 9. Considering the fact that MJC No.03/2010 has remained pending for a considerable period and, for one reason or the other, the proceedings have not yet attained finality, and further considering that 7 the principal issue involved therein concerns the existence and enforceability of the notification dated 16.10.1953, or any subsequent notification, if issued, modifying, rescinding or otherwise affecting the said notification, it would be appropriate to direct the learned District Judge, Raigarh, to decide the said proceeding expeditiously. 10. Accordingly, without entering into the merits of the case, the present writ petitions are disposed of with a direction to the learned District Judge, Raigarh, to decide MJC No.03/2010, pending before him, within a period of two months from the date of receipt of a copy of this order, strictly in accordance with law and after affording due opportunity of hearing to all concerned parties. 11. It is made clear that the parties shall be at liberty to raise all such grounds and avail all such defences as may be available to them in accordance with law. The learned Court shall decide the matter uninfluenced by any observation made in the present order. Sd/- (Ravindra Kumar Agrawal) Judge