Allowed¶35

Basant Kumar Paikra v. State of Chhattisgarh

Chhattisgarh HC6 Feb 2025WPC/454/2025

Case brief

AI extract

What is this about?

Removal of Authorised Officer of a cooperative society; Section 49(8) Chhattisgarh Cooperative Societies Act 1960; stigmatic and unreasoned order; absence of pre-decisional hearing; Deputy Registrar's affidavit admitting erroneous order; quashing of removal orders dated 30/11/2024 and 03/12/2024; liberty to pass fresh order; WPC 454/2025; Surguja/Ambikapur cooperative administration; single judge Bibhu Datta Guru; NAFR.

What did the court decide?

Quashing of the order dated 30/11/2024 (Annexure P/1) and amended order dated 03/12/2024 (Annexure P/2); liberty reserved to the Cooperative Society to pass a fresh order in accordance with law, if so required ¶35

Basant Kumar Paikra Vs State of Chhattisgarh — Chhattisgarh HC (2025) — LawSathi Research

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2025:CGHC:7109

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPC No. 454 of 2025

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1 - Basant Kumar Paikra S/o Shri Munshi Ram Paikra Aged About 52 Years R/o Village Parvatipur, Panchayat Bargidih, Tehsil Lundra, Police Station Lundra, District Surguja, C.G.

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... Petitioner

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versus

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1 - State Of Chhattisgarh Through Secretary, Cooperative Department, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur, C.G.

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2 – Registrar, Cooperative Societies, Chhattisgarh, Block 3, 2^nd and 3^rd Floor, Indrawati Bhawan, Atal Nagar, Nava Raipur, C.G.

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3 - Joint Registrar, Cooperative Societies, Ambikapur, District, Surguja (C.G.)

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4 - Deputy Registrar, Cooperative Societies, Ambikapur, District, Surguja, C.G.

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5 – Collector, Surguja, Ghadi Chowk, Ambikapur, Ambikapur, District Surguja, (C.G.)

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6 - Shri Teekam Singh, Cooperative Inspector, Office Of Deputy Registrar, Cooperative Societies, Ambikapur, District Surguja

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2 / 4

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7 - Aadim Jaati Seva Sahakari Samiti Maryadit, Bargidih, Tehsil Lundra, Police Station Lundra, District Surguja, C.G.

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8 - Shri N.L. Tandon, Deputy Registrar, Cooperative Societies Ambikapur, District Surguja, C.G.

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... Respondents

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(Cause title is taken from Case Information System)

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For Petitioner : Mr. Amrito Das, Advocate For Respondents/State : Ms. Nupoor Sonkar, Panel Lawyer

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(HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board

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07/02/2025

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By the present writ petition, the petitioner is questioning the order dated 30/11/2024 (Annexure P/1) and amended order dated 03/12/2024 (Annexure P/2) passed by respondent No.4/ Deputy Registrar, Cooperative Societies, Ambikapur, District Surguja whereby the petitioner has been removed from the Office of Authorised Officer, Adim Jati Seva Sahkari Samiti Maryadit, Bargidih.

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Learned counsel appearing for the petitioner submits that the petitioner was appointed as Authorised Officer of the Adim Jati Seva Sahkari Samiti Maryadit, Bargidih under Section 49 (8) of the Chhattisgarh Cooperative Societies Act, 1960 (for short, “the Act of 1960”). The Deputy Registrar has passed the order of removal of the petitioner from the Office of Authorised Officer stating that the petitioner failed to take action for removal of society manager for some irregularities in paddy procurement and

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the petitioner failed to comply with the telephonic instruction given by the Deputy Registrar himself. He further submits that the removal order is a stigmatic order and the reason for which the petitioner is being removed is absolutely illegal and arbitrary as the Deputy Registrar has not stated anything about when he has directed the petitioner to take action against the society manager and before passing the order impugned, no opportunity of hearing was provided to the petitioner.

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On 04/02/2025, there was a direction to the Deputy Registrar, Cooperative Societies to file his personal affidavit about the order dated 30/11/2024 (Annexure P/1).

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Learned counsel appearing for the State, on instruction, in compliance with the order dated 04/02/2025 passed by this Court, submits that the Deputy Registrar has filed an affidavit on 06/02/2025 stating therein that the order passed by him is a stigmatic and unreasoned order. The relevant part of the affidavit reads as under:-

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“4. It is respectfully submitted that the order of Annexure P/1 is a stigmatic order which was passed by the deponent, herein, on 30/11/2024. However, the deponent and the State Authorities do realize that the order of Annexure P/1 was passed erroneously and the same is liable to be withdrawn.

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5. It is further submitted that the deponent herein, do realize the error caused in passing the aforesaid order and the same shall be withdrawn and a fresh order shall be passed at the earliest.”

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I have heard learned counsel for the parties, perused the documents as well as the impugned orders and the affidavit filed

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by the Deputy Registrar, Cooperative Societies, Ambikapur.

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From perusal of the affidavit filed by the Deputy Registrar, Cooperative Societies, Ambikapur, it appears that the Deputy Registrar has himself realised that the order passed by him is erroneous and the same deserves to be withdrawn.

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For the forgoing reasons, both the impugned orders dated 30/11/2024 (Annexure P/1) and amended order dated 03/12/2024 (Annexure P/2) deserve to be and are hereby quashed. The writ petition is allowed. However, the Cooperative Societies is at liberty to pass a fresh order in accordance with law, if so required.

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Sd/- (BIBHU DATTA GURU) JUDGE

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$. Bhilwar

Basant Kumar Paikra v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Basant Kumar Paikra v. State of Chhattisgarh

Case brief

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