Advocates:
['RAJEEV SHRIVASTAVA', 'MALAY SHRIVASTAVA', 'SAMEER SHRIVASTAVA', 'A G', 'FOUZIA MIRZA', '', 'S MIRZA', 'RK PALI']

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AFR

HIGH COURT OF CHHATTISGARH, BILASPUR

WPC No.2071 of 2011

Galib Memorial Education Society, a society registered under the Societies

Registrikaran Adhiniyam, 1973 having its office at 'C' Market, Sector-6,

Bhilai, District Durg (CG) through its President Mohammed Tahir Khan, son

of Late Mohammed Ismail Khan, aged about 63 years, resident of House

No.16-A, Street No.30, Sector-7, Bhilai, District Durg (CG)

----Petitioner

Versus

1. State of Chhattisgarh through the Secretary, Department of

Commerce and Industries, D.K.S. Bhawan, Mantralaya, Raipur

2. The Registrar, Firms & Societies, Anupam Nagar, Raipur (CG)

3. The Assistant Registrar, Firms & Societies, Anupam Nagar, Raipur

(CG)

4. Inspector, Firms & Societies, Anupam Nagar, Raipur (CG)

5. Badhrudin Nizami, S/o & Age not known to petitioner, R/o F-184, in

front of Dhillon Complex, Akash Ganga Premises, Supela, Bhilai,

District Durg (CG)

---- Respondents

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For Petitioner

:

Mr.Rajeev Shrivastava, Advocate

For Respondents No.1 to 4

:

Mr.Arun Sao, Dy.A.G.

For Respondent No.5

:

Mr.Navin Shukla, Advocate

-----------------------------------------------------------------------------------------------------

Hon'ble Shri Justice Sanjay K. Agrawal

Order on Board

26/07/2018

1. The petitioner Institution is a society under the provisions of the

Chhattisgarh Society Registrikaran Adhiniyam, 1973 (hereinafter

called as 'the Act of 1973'). Some complaints were made to the

Assistant Registrar, Firms & Societies, regarding membership and

financial condition of the said society leading to making of proposal

by that authority to the Registrar, Firms & Societies for initiating

enquiry under Section 32 (1) of the Act of 1973. The Registrar, Firms

& Societies after satisfying himself on its own motion acting suo

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motu directed initiation of an enquiry with regard to the constitution,

working and financial conditions of the society by order dated

11.7.2007, which was assailed by the petitioner by filing Writ Petition

(C) No.5277 of 2007 (Galib Memorial Educational Society v. State of

Chhattisgarh and others) before this Court on 24.7.2007 questioning

legality, validity and correctness of order dated 11.7.2007, the

petitioner also filed an appeal before the State Government on

26.7.2007, but later on, the appeal was withdrawn on the ground

that writ petition has already been filed before this Court. In that writ

petition, interim order was granted in favour of the petitioner and

ultimately, that writ petition was dismissed as having become

infructuous on 21.10.2010. In the meanwhile, enquiry as directed by

the Registrar, Firms & Societies, was concluded and enquiry report

was submitted on 6.3.2011 to the Registrar, Firms & Societies.

Thereafter, the Registrar, Firms & Societies sought explanation from

the petitioner as well as from the complainant by the impugned

show-cause notice dated 28.3.2011 (Annexure P/1). The aforesaid

show-cause notice seeking explanation is questioned by the

petitioner herein in this writ petition stating inter-alia that the said

memo is in violation of Section 32(2) of the Act of 1973. Therefore,

the impugned show-cause notice deserves to be quashed.

2. Respondents No.1 to 4 filed consolidated return supporting the

action of the State stating inter-alia that it is the case where the

Registrar, Firms & Societies, has acted suo motu on his own motion

on a note proposed by the Assistant Registrar, Firms & Societies for

initiating enquiry under Section 32(1) of the Act of 1973 and after

satisfying himself on the material available on record, the enquiry

has been proposed and directed by order dated 11.7.2007, which

was challenged by the petitioner in writ petition (C) No.5277 of 2007

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(Galib Memorial Educational Society v. State of Chhattisgarh and

others) and th