1 CGHC010015832023 2026:CGHC:39019 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 343 of 2023 Abdul Shamim Khan S/o A.R. Khan Aged About 40 Years Assistant Society Manager, Adim Jati Seva Sahkari Samiti Maryadit, Ambagarh Chowki, District : Rajnandgaon, Chhattisgarh ... Petitioner(s) versus 1 - Registrar, Cooperative Society Chhattisgarh Hod Office Indrawati Bhawan, Block-B, Third Floor, Nava Raipur, Atal Nagar, District : Raipur, Chhattisgarh 2 - President Adim Jati Seva Sahkari Samiti Maryadit, Ambagarh Chowki, District : Rajnandgaon, Chhattisgarh ... Respondent(s) For Petitioner(s) Mr. Kaushal Yadav, Advocate. For Respondent No.1 For Respondent No.2 Dr. Arham Siddiqui, PL. Mr. Shashi Bhushan Tiwari, Advocate Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 03/09/2026 1. By way of this petition, the petitioner has prayed for following reliefs:- “Relief(s) Sought: 10.1 That, the Hon'ble Court may kindly be pleased to set-aside the order dated 12.10.2022 (Annexure P/1) and direct the respondent No. 1 2 to restore the case of the petitioner having Appeal No.78(1)/2022/RJ/2014, parties between 'Abdul Shamim Khan Vs President, Adim Jati Seva Sahkari Samiti Maryadit'. 10.2 Any other relief which this Hon'ble Court deems fit and proper may also be passed in favour of the petitioner together with cost of the petition..” 2. Relevant facts of this case are that the petitioner had preferred an appeal before respondent No.1/Registrar, Cooperative Societies, which was registered as Appeal No.78(1)/2022/RJ/2014 titled Abdul Shamim Khan versus President, Adim Jati Seva Sahkari Samiti Maryadit. However, said appeal was dismissed for want of prosecution on 13.02.2018. Thereafter, the petitioner filed an application on 06.03.2018 seeking restoration of the said appeal, however, said application was rejected/dismissed on 03.07.2018 on account of the petitioner’s failure to appear on the date fixed for hearing. The petitioner had no knowledge of the said order. He contended that during the COVID-19 pandemic, the petitioner was infected with COVID-19 and was admitted to an Isolation Care Centre and, therefore, he could not file an application for restoration of the appeal. Subsequently, on 02.08.2022, the petitioner filed an application seeking restoration of the appeal, which was rejected vide impugned order dated 12.10.2022. Hence, this petition. 3. Learned counsel for the petitioner submits that the petitioner seeks an opportunity to contest the appeal and have the same adjudicated on merits by respondent No.1. Hence, he has approached this Court seeking the aforesaid reliefs. 3 4. Learned counsel appearing for respondent No.1/State as well as learned counsel appearing for respondent No.2 oppose the prayer for restoration of the appeal. 5. Having considered the facts and circumstances of the case and the submissions advanced by learned counsel for the respective parties, this Court is of the considered view that the present writ petition deserves to be allowed. 6. Accordingly, the writ petition is allowed. The impugned order dated 12.10.2022 (Annexure P/1) is hereby set aside. The concerned authority is directed to restore the appeal preferred by the petitioner and hear and decide the same on merits in accordance with law. 7. The petitioner is directed to appear before the concerned authority on 05.10.2026. 8. It is made clear that, in the event the petitioner fails to appear before the concerned authority even on one occasion, the concerned authority will be at liberty to proceed with the matter and pass an appropriate order in accordance with law. CC as per rules. Sd/- (Amitendra Kishore Prasad) Judge J.