The Gauhati High Court disposed of the writ petition on withdrawal by the petitioner, with liberty to file a fresh petition challenging the impugned order if advised. The respondent was directed to provide a copy of the order.
Writ petition disposed of on withdrawal with liberty to file afresh assailing the order dated 03.10.2020.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010058772020
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 1932/2020
1:JULHASH ALI AND 6 ORS.
(ELECTED CHARIMAN OF PUB JANIA SS. LTD), AGED ABOUT- 36 S/O- LT. MONGLA, VILL- MEDHIRTARY, P.O. GAJIA, P.S. BARPETA, DIST.- BARPETA, ASSAM, PIN- 781314
2: JAMAL UDDIN MEMBER OF THE BOARD PUB JANIA SS. LTD. VILL- MEDHIRTARY P.O. GAJIA DIST.- BARPETA ASSAM PIN- 781314
3: ABDUL ALI AHMED MEMBER OF THE BOARD PUB JANIA SS. LTD. VILL- MEDHIRTARY P.O. GAJIA DIST.- BARPETA ASSAM PIN- 781314
4: MONGAL CH. DAS MEMBER OF THE BOARD PUB JANIA SS. LTD. VILL- MEDHIRTARY P.O. GAJIA DIST.- BARPETA ASSAM PIN- 781314
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5: MAHAR ALI AHMED MEMBER OF THE BOARD PUB JANIA SS. LTD. VILL- MEDHIRTARY P.O. GAJIA DIST.- BARPETA ASSAM PIN- 781314
6: BURHAN ALI MEMBER OF THE BOARD PUB JANIA SS. LTD. VILL- MEDHIRTARY P.O. GAJIA DIST.- BARPETA ASSAM PIN- 781314
7: KOHINUR BEGUM MEMBER OF THE BOARD PUB JANIA SS. LTD. VILL- MEDHIRTARY P.O. GAJIA DIST.- BARPETA ASSAM PIN- 78131 VERSUS
1:THE STATE OF ASSAM AND 11 ORS.
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, COOPERATION DEPTT., DISPUR, GHY-6
2:THE REGISTRAR OF COOPERATIVE SOCIETIES ASSAM KRIKHI BHAWAN SIXMILE GHY-21
3:THE DY. REGISTRAR OF COOPERATIVE SOCIETIES P.O. AND DIST.- BARPETA ASSAM PIN- 781301
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4:THE ASSTT. REGISTRAR OF COOPERATIVE SOCIETIES BARPETA P.O. AND DIST.- BARPETA ASSAM PIN- 781301
5:MD. AZAHAR ALI (ILLEGALLY CONSTITUTED CHAIRMAN) OF PUB-JANIA SS. LTD S/O- LT. ABU BAKKAR SIDDIK VILL- BHOGRANDA P.O. GAJIA DIST.- BARPETA ASSAM PIN- 781314
6:BILLAYET HUSSAIN SECY. OF PUB JANIA SS. LTD. S/O- ABUL HUSSAIN VILL- MEDHIRTARY P.O. GAJIA DIST.- BARPETA ASSAM PIN- 781314
7:ISMAIL SIDDIK MEMBER OF THE BOARD PUB JANIA SS. LTD. S/O- LT. WASAL VILL- BHOGRANDA P.O. GAJIA DIST.- BARPETA ASSAM PIN- 781314
8:RIAZ UDDIN MEMBER OF THE BOARD PUB JANIA SS. LTD. VILL- PATLIKUCHI P.O. GAJIA DIST.- BARPETA ASSAM PIN- 781314
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9:EUSUB UDDIN AHMED MEMBER OF THE BOARD PUB JANIA SS. LTD. S/O- LT. ASHIM UDDIN AHMED VILL- BHOGRANDA P.O. GAJIA DIST.- BARPETA ASSAM PIN- 781314
10:RASHO MALLIK MEMBER OF THE BOARD PUB JANIA SS. LTD. S/O- ANOWAR HUSSAIN VILL- MEDHIRTARY P.O. GAJIA DIST.- BARPETA ASSAM PIN- 781314
11:JAHURA BEGUM MEMBER OF THE BOARD PUB JANIA SS. LTD. W/O- LT. AYEN ALI VILL- MEDHIRTARY P.O. GAJIA DIST.- BARPETA ASSAM PIN- 781314
12:SADIK ALI MEMBER OF THE BOARD PUB JANIA SS. LTD. S/O- HUSSAIN ALI VILL- MEDHIRTARY P.O. GAJIA DIST.- BARPETA ASSAM PIN- 78131
Advocate for the Petitioner : MR. U K NAIR
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Advocate for the Respondent : SC, CO OP
BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM
ORDER
07.10.2020
Heard Mr. U. K. Nair, learned senior counsel assisted by Mr. N. Hossain, learned counsel appearing for the writ petitioners. Also heard Ms. M. D. Borah, learned Standing Counsel, Cooperation Department, Assam, who has produced written instructions dated 06.10.2020 which goes to show that the appeal preferred by the petitioner was rejected by the Assistant Registrar of Cooperative Societies, Barpeta by order dated 03.10.2020.
Mr. Nair submits that no copy of the order has been furnished to his client till date.
Taking note of the submissions of learned counsel for both the parties and as prayed for, this writ petition is disposed of on withdrawal with liberty to the petitioner to file afresh assailing the order dated 03.10.2020, if so advised.
Facilitating the above, the respondent No.2 to furnish a copy of the order dated 03.10.2020 to the petitioner within 10 days from the date of receipt of a copy of this order.
Writ petition stands disposed of accordingly.
Copy of the written instruction dated 06.10.2020 be retained in the record
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of this case.
JUDGE
Comparing Assistant
Jushalish Ali
State of Assam
Suman Shyam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
