Disposed

The Board of Directors of Gopinath Samabay Samiti Ltd. v. the State of Assam and 3 Ors.

Gauhati HC1 Jun 2022WP(C)/3396/2022

Case brief

AI extract

What is this about?

The Gauhati High Court disposed of a writ petition challenging the non-disposal of a representation regarding exemption from holding an AGM. The Court observed that a subsequent government order dated 30.05.2022 removed the existing cause of action and closed the petition, reserving the right to challenge the order.

What did the court decide?

The writ petition was closed as there is no existing cause of action following a government order dated 30.05.2022.

The Board of Directors of Gopinath Samabay Samiti Ltd… — Cooperative Societies | Gauhati HC (2022)

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Page No.# 1/3

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GAHC010097402022

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WP(C)/3396/2022

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THE BOARD OF DIRECTORS OF GOPINATH SAMABAY SAMITI LTD. REPRESENTED BY ITS CHAIRMAN SRI GANESH ROY, AGED 51 YEARS, S/O- LATE DHARANIDHAR ROY, R/O- VILL.- PUB-BARALA, P.O. GOLIBANDHA, DIST. BARPETA, ASSAM

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VERSUS

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THE STATE OF ASSAM AND 3 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, CO-OPERATION DEPARTMENT, DISPUR, GUWAHATI-6.

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2:THE REGISTRAR OF CO-OPERATIVE SOCIETIES ASSAM KHANAPARA GUWAHATI-22.

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3:THE DEPUTY COMMISSIONER BARPETA ASSAM

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4:THE ASSTT. REGISTRAR OF CO-OPERATIVE SOCIETIES BARPETA ASSA

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Advocate for the Petitioner : MR. A M KHAN

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Advocate for the Respondent : GA, ASSAM

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Page No.# 2/3

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BEFORE

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HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

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ORDER

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01.06.2022

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Heard Shri AM Khan, learned counsel for the petitioner as well as Shri SK Talukdar, learned Standing Counsel, Cooperation Department.

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2. I have also heard Shri K Gogoi, learned State Counsel, Assam.

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3. In view of the development which had taken place during the pendency of the writ petition, the same is taken up for disposal at the motion stage.

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4. The principal grievance of the petitioner was non-consideration and disposal of a representation dated 21.03.2022 which was submitted in terms of an order dated 10.03.2022 passed in WP(C)/1541/2022.

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5. The representation was with regard to grant of exemption and non-holding of the Annual General Meeting (AGM) by the Gopinath Samabay Samiti Ltd. (Cooperative Society).

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6. This Court vide order dated 25.05.2022 passed in the present proceedings had granted a week’s time to the learned Standing Counsel to obtain the instructions, pursuant to which Shri Talukdar, learned Standing Counsel has placed before this Court a copy of an order dated 30.05.2022 passed by the Government in the Cooperation Department. It appears from the said order that the petitioner-Society was also represented by the Chairman.

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7. Shri Khan, learned counsel for the petitioner, however, submits that he is not aware of the said meeting as he has not received any instructions from his client.

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Page No.# 3/3

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8. Be that as it may, in view of the order dated 30.05.2022, there is no existing cause of action in the instant writ petition. Accordingly, the same stands closed.

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9. It is, however, made clear that in case, the petitioner is aggrieved by the aforesaid order dated 30.05.2022, a copy of which has been given to the learned counsel for the petitioner by Shri Talukdar, learned Standing Counsel, the petitioner would be at liberty to challenge the same in an appropriate forum.

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10. A copy of the order dated 30.05.2022, along with the related documents, is made a part of the records.

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JUDGE

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Comparing Assistant

The Board of Directors of Gopinath Samabay Samiti Ltd. v. the State of Assam and 3 Ors.

Case brief

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The Board of Directors of Gopinath Samabay Samiti Ltd. v. the State of Assam and 3 Ors.

Case brief

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