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Orissa High Court
Women And Child Welfare Society vs Union Of India And Others on 6 January, 2026
Author: Mruganka Sekhar Sahoo
Bench: Mruganka Sekhar Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
WA No.1287 of 2024
Women and Child Welfare Society, .... Appellant
Cuttack
Represented By Adv. -
Dr. Binod Kumar Mishra, Advocate
-versus-
Union of India and others .... Respondents
Represented By Adv. -
Mr. Manoj Kumar Pati, Sr. Panel Counsel
(for Respondent No.1)
Mr. J.K. Bhal, Advocate
(for Respondent Nos.2 to 6)
CORAM:
JUSTICE MANASH RANJAN PATHAK
JUSTICE MRUGANKA SEKHAR SAHOO
ORDER
06.01.2026
(Hybrid Mode)
Order No. 1. Learned advocate appears on behalf of appellant and submits,
04. his client is a Non-Government Organization (NGO). It engages, inter
alia, in programmes of road safety. The Orissa Road Safety Society
decided to bar participation of his client in their programmes. It
moved the writ Court. By impugned judgment dated 22nd December,
2023 the learned single Judge dismissed the writ petition. His client is
in appeal.
2. By order dated 04.03.2025 the matter was taken up by
Coordinate Bench where one of us (M.S. Sahoo, J.) was a member and
the following order was passed:
"1. Dr. Mishra, learned advocate appears on behalf of appellant
and submits, his client is a Non-Government Organization
(NGO). It engages, inter alia, in programmes of road safety. The
Orissa Road Safety Society decided to bar participation of his
client in their programmes. It moved the writ Court. By impugned
judgment dated 22nd December, 2023 the learned single Judge
dismissed the writ petition. His client is in appeal.
2. Mr. Rayaguru, learned advocate, Senior Panel Counsel
appears on behalf of respondents (Union of India). Mr. Dash,
learned advocate, Additional Government Advocate appears on
behalf of State functionaries. Service is to be affected.
3. Inter alia, challenge in the writ petition was against minutes of
proceeding of the general body meeting of the Society held on 21st
October, 2019. Adjournment is granted for appellant to
demonstrate basis of its prayer in the writ petition for the Society
being compelled to allow its participation in the programmes.
4. List on 18th March, 2025."
3. We have heard the learned Dr. Mishra on behalf of the
appellant at length. He refers to the said order dated 04.03.2025 and
made elaborate submission, inter alia, stating that the appellant-
institution after enquiry has been granted permission to receive funds
under FCRA from the year 2022-23.
4. In response, Mr. Pati, learned Senior Panel Counsel for Union
of India-respondent submits that during pendency of the writ petition
inquiry before appropriate authority was pending as has been reflected
correctly by the learned Single Judge at paragraph 18 of the judgment.
5. Having heard the learned counsel for the parties and after
going through the judgment rendered by the learned Single Judge, we
do not find any error apparent on the face of the record, no illegality
nor any infirmity. We reproduce the paragraphs-16, 17 and 18 which
captures the facts of the case and also not challenged by appellant.
"16. In the instant matter, the 'Forum for Prevention of Road
Accidents" Cuttack (Orissa) vide its application ID
0100000842019 dated 08-01- 2019 had applied for registration
under the Act. As per inputs received from the Central Security
Agency, the Association is a sister organization of other two
NGOs namely Suprativa (having FCRA registration
No.104870155) and Women and Child Welfare Society being run
by Shri Bikash Mohapatra, Secretary and Minati Bindhani, Joint
Secretary respectively and has amassed a lot of property during
last 12-15 years through allegedly unfair means. Running of
FCRA NGO for personal gain attracts Section 12(4)(a)(vi) of the
Act.
17. Moreover, "Forum for Prevention of Road Accidents" had
obtained prior permission on 28-11-2013 to accept FC amounting
to Dollar (US) 2500 from foreign donor namely Global Alliance
of NGOs for Road Safety Klosbackstrasse, Switzerland, but the
Association has not uploaded/furnished Annual Return and
utilization Certificate to the Central Government, As such, the
application of the Association for obtaining FCRA registration
was rejected on 22-04-2019. Further the Additional Secretary to
Government of Odisha (Special Section) Department was
requested by this Ministry vide letter No.II/21022/20(0001)/2019-
FCRA-II dated 29th July, 2019 to look into the matter in this
regard and a report be expedited to this Ministry as regards the
source of funds from which Shri Bikash Mohapatra, and Ms.
Minati Bindhani has allegedly amassed properties.
18. Subsequently, as per available records, the Additional
Secretary to Government of Odisha, vide its letter dated
07.08.2019 has directed the Collector, Cuttack to enquire into the
matter and furnish a report in this matter. Report in this regard
has been received by this Ministry on 13-08- 2021. Fresh inputs
of the Central Security Agency have been sought and further
action will be initiated as per Act and rules made thereunder."
6. In view of the above, we do not find any merit in the appeal
and the same is disposed of.
7. Before parting with the case we clarify that as per principles
of law to be followed in considering the writ appeal, we have confined
our consideration to the pleadings and the records available in the writ
petition.
(Manash Ranjan Pathak)
Judge
Digitally Signed Judge
Jyostna 17:39:19
