Gauhati High Court
Page No.# 1/4 vs The State Of Assam And 7 Ors on 4 August, 2023
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GAHC010167692023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4368/2023
RANJIT DAS AND 2 ORS
SON OF LATE KAMINI DAS, RESIDENT OF VILLAGE- DIGHALTARANG,
POST OFFICE- DIGHALTARANG, POLICE STATION- BAGHJAN, DISTRICT-
TINSUKIA, ASSAM, PIN- 786151
2: BIJU CHOUDHURY
SON OF LATE PIYUSH CHUDHURY
RESIDENT OF VILLAGE- DIGHALTARANG
POST OFFICE- DIGHALTARANG
POLICE STATION- BAGHJAN
DISTRICT- TINSUKIA
ASSAM
PIN- 786151
3: SANJAY DAS
SON OF SRI JAWAHARLAL DAS
RESIDENT OF VILLAGE- DIGHALTARANG
POST OFFICE- DIGHALTARANG
POLICE STATION- BAGHJAN
DISTRICT- TINSUKIA
ASSAM
PIN- 78615
VERSUS
THE STATE OF ASSAM AND 7 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM, CO-OPERATION DEPARTMENT, DISPUR,
GUWAHATI- 781006
2:THE REGISTRAR OF CO-OPERATIVE SOCIETIES
ASSAM
KHANAPARA
GUWAHATI-22
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3:THE ZONAL JOINT-REGISTRAR OF CO-OPERATIVE SOCIETIES
JORHAT ZONE
JORHAT
4:THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
TINSUKIA
ASSAM
5:THE DEPUTY COMMISSIONER
TINSUKIA
ASSAM
6:SRI BIKAS DAS
SON OF- LATE SACHINDRA MOHAN DAS
RESIDENT OF- DIGHALTARANG
DISTRICT- TINSUKIA
ASSAM
PIN- 786151
7:SRI SUDHANGSHU DAS
SON OF- LATE SADANDRA DAS
RESIDENT OF- DIGHALTARANG
DISTRICT- TINSUKIA
ASSAM
PIN- 786151
8:SRI JITEN DAS
SON OF- LATE SAHADEV DAS
RESIDENT OF- DIGHALTARANG
DISTRICT- TINSUKIA
ASSAM
PIN- 78615
Advocate for the Petitioner : MR. S BANIK
Advocate for the Respondent : GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE SUMAN SHYAM
ORDER
Date : 04-08-2023
Heard Mr. S. Banik, learned counsel for the writ petitioners. Also heard Mr. S.K.
Talukdar, learned standing counsel, Cooperation Department, Assam appearing on behalf
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of respondent Nos. 1 to 4 and Ms. S. Sarma, learned Govt. Advocate, Assam appearing on
behalf of respondent No. 5. Mr. A.B.T. Hoque, learned counsel has appeared on behalf of
respondent No. 6 on the strength of a caveat. Mr. T.J. Mahanta, learned Sr. counsel
assisted by Ms. P. Bhattacharjya, learned counsel has also appeared on behalf of
respondent Nos. 7 and 8 on the strength of caveat.
Caveator shall be heard.
The two communications both dated 27-06-2023 and the order dated 14-07-2023
are under challenge in this writ petition on the ground that the same are not only without
jurisdiction but have been issued in utter disregard to the observations made in the
judgment and order dated 25-07-2023 passed by the learned Single Judge in W.P.(C) No.
4083/2023.
I find from the record that by the judgment dated 25-07-2023, the learned Single
Judge had directed the Registrar of Cooperative Societies, Assam to decide the appeal
preferred by the petitioner within 15 days of the date of the order.
It is submitted at the bar that the matter is fixed before the Registrar of
Cooperative Societies on 08-08-2023 for a decision in the appeal. If that be so and having
regard to the facts and circumstances of the case in its entirety, this writ petition is
directed to be posted again on 09-08-2023 for motion so as to enable Mr.Talukdar to
apprise this Court as to the outcome of the said process.
Order, if any, passed in the appeal be produced before this Court on the next date
fixed.
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JUDGE
GS
Comparing Assistant
