Back
2025 Supreme(Online)(Chh) 7617
IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Amitendra Kishore Prasad, J
Sunni Muslim Jamaat Korba, Through its President Mohd. Arif Khan – Appellant
Versus
State of Chhattisgarh, Through Registrar, Firms & Societies – Respondent
WPC No. 1151 of 2022
For the Appellants/Petitioners: Ms. Hamida Siddiqui
For the Respondents: Mr. R.K. Gupta, Mr. Sourabh Sharma, Ms. Harneet Kaur
A society cannot be registered under a name already taken by another registered society, ensuring legal clarity and fairness.
Headnote:(A) Chhattisgarh Society Registration Act, 1973 - Section 6 - Registration of societies - Dispute arose over two societies with identical names, leading to a directive to the latter to amend its name - Court held that a society cannot register in the same name that is already registered. (Paras 8-10)
(B) Jurisdiction - The court found no merit in the writ petition, affirming that adequate legal avenues existed for the petitioner to pursue its grievances.
Facts of the case:
The petitioner-society was formed for social improvement and managed properties not registered with the Waqf Board. A complaint was raised by an existing society with a similar name, resulting in a directive to change the name.
Findings of Court:
The name of the petitioner-society was deemed identical to that of the existing society, hence lawful action was taken against it.
Issues: Whether the registrar’s order to change the name was legally sound and if the petitioner was entitled to due process before such an order.
Ratio Decidendi: The existence of an earlier registered society with the same name precluded the petitioner's registration, reinforcing procedural fairness.
Result: Petition dismissed.
| Table of Content |
|---|
| 1. order to change society name. (Para 1 , 3 , 5) |
| 2. court's observations on procedural due process. (Para 2 , 7 , 8 , 9 , 10) |
| 3. arguments on legal validity of registration. (Para 4 , 6) |
C A V Order
1. The petitioner is aggrieved by a letter dated 03.01.2022 whereby the Assistant Registrar, Firms and Societies/respondent No.2 has directed the petitioner-society to change/modify its registered name otherwise its registration would be cancelled. A complaint has been made by respondent No.3 having registration No.24875 of the year 1990 stating that the society was registered way back in the year 1990, however subsequently in the year 2014, an another society has got registered itself under the same name, as such, the subsequent registration is required to be cancelled. Upon this, the Assistant Registrar Firms and Society, Bilaspur Division, Bilaspur has directed the petitioner-society to change its name and to upload the proposal in respect of amendment in the name of the society within 45 days, otherwise, necessary action will be taken for cancellation of registration number of the society.
2. The petitioner has sought for following relief(s) :-
“10.1 That, this Hon'ble Court may kindly be pleased to quash/set-aside the impugned letter (Annexure P-1) dated 03- 01-2022 passed by the Respondent No. 2. 10.2 That, this Hon'ble Court may kindly be pleased to direct the respondent authority to allow the petitioner society to continue functioning with the name "Sunni Muslim Jamaat Korba" registered on 20-12-2021 by the office of respondent no. 2 without any hinderance/obstruction and they may be allowed to control/manage the Eidgah- Kabristan and Jamaat Khana (Community Hall).
10.3 Any other relief, which this Hon'ble Court may deem fit and proper, may also be passed in favour of the petitioner together with cost of the petition.”
3. It was the case of the petitioner that the petitioner-society has been formed for upliftment of marginalized strata of the society, self-sufficiency of women, education of the girl child, health facilities, and towards the creation of awareness of the principles enshrined in the Constitution of India having its registered office at House No. 2, Rock Bottom Shop, Sharda Vihar, Railway Crossing, Power House Road, Ward No. 11, Korba, District Korba (C.G). After due fulfillment of the prescribed qualification, the society has applied for the registration before the Registrar, Firms and Society by filing relevant documents. After due verification, the Registrar, Firms and Society has registered the society in the name of "Sunni Muslim Jamaat Korba" vide Registration No.122202159041. The society is engaged in managing affairs of two other properties, namely Eidgah-Kabristan and Jamaat Khana i.e. Community Hall. These two properties were not registered with the Waqf Board, however, other community properties are registered and controlled by the Chhattisgarh Waqf Board. After getting registration, the Society has started its work and a Sub- Committee was also formed in the name of Markazi Eidgah Kabristan Committee to manage the affairs of Eidgah-Kabristan. Subsequently, on 22.12.2021, respondent No.3 namely, “Sunni Muslim Jamat Korba (Reg.)" having registration No.24875 has made a complaint that the society has already been registered since 19.09.1990 and thereafter, subsequent registration of the petitioner-society in the same name is required to be cancelled. Respondent No.2 without following any procedure has pased the impugned order dated 03.01.2022 and that too without any application of mind. The registration No.24875 is registered in the name of "Muchua Shakti Evam Sahayta Samuh, Kharkena". When the petitioner-society seeks some documents in respect of the complainant-society bearing registration No.24875, nothing has been provided and without granting any opportunity of hearing, the order impugned has been passed, which is nonest in the eyes of law.
4. Learned counsel for the petitioner argued t
