Disposed

Anwar Hussain and Anr. v. the State of Assam and 6 Ors.

Gauhati HC8 Sept 2022WP(C)/5396/2022

Case brief

AI extract

What is this about?

The Court disposed of writ petitions regarding exemption for Kaliganj Co-Operative Society Ltd. upon admission of a notification granting exemption under Section 130(A), allowing the society to hold AGM/depending on further approval.

What did the court decide?

Petitions disposed of granting liberty to hold AGM/election after obtaining approval from Respondent No. 2, to be considered promptly.

Anwar Hussain and Anr. Vs the State of Assam and 6 Ors. — Cooperative Societies | Gauhati HC (2022)

¶1

Page No.# 1/6

¶2

GAHC010163932022

¶3

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

¶4

Case No. : WP(C)/5396/2022

¶5

ANWAR HUSSAIN AND ANR SON OF LATE TOPAI MIA, RESIDENT OF VILLAGE- BOLESHWAR, POST OFFICE- KALIGANJ BAZAR, KARIMGANJ, DISTRICT- KARIMGANJ, ASSAM. PIN- 788720.

¶6

2: THE BOARD OF DIRECTORS OF KAILGANJ CO-OPERATIVE SOCIETY LIMITED KALIGANJ KARIMGANJ REPRESENTED BY ITS CHAIRMAN ANWAR HUSSAIN AGED ABOUT 44 YEARS SON OF LATE TOPAI MIA

¶7

RESIDENT OF VILLAGE- BOLESHWAR

¶8

POST OFFICE- KALIGANJ BAZAR

¶9

KARIMGANJ

¶10

DISTRICT- KARIMGANJ ASSAM. PIN- 788720

¶11

VERSUS

¶12

THE STATE OF ASSAM AND 6 ORS REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM, CO-OPERATION DEPARTMENT, DISPUR, GUWAHATI- 781006.

¶13

Page No.# 2/6

¶14

2:THE SECRETARY TO THE GOVERNMENT OF ASSAM CO-OPERATION DEPARTMENT DISPUR GUWAHATI- 781006. 3:THE DEPUTY SECRETARY TO THE GOVERNMENT OF ASSAM CO-OPERATION DEPARTMENT DISPUR GUWAHATI- 781006. 4:THE REGISTRAR OF CO-OPERATIVE SOCIETIES ASSAM KHANAPARA GUWAHATI- 22. 5:THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G) ASSAM KHANAPARA GUWAHATI-22. 6:THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES KARIMGANJ ASSAM. 7:THE DISTRICT DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES KARIMGANJ ASSAM

¶15

Advocate for the Petitioner : MR. S BANIK

¶16

Advocate for the Respondent : SC, CO OP

¶17

Linked Case : WP(C)/5051/2022

¶18

ANWAR HUSSAIN AND ANR. S/O- LATE TOPAI MIA R/O- VILL.- BOLESHWAR P.O. KALIGANJ BAZAR KARIMGANJ DIST. KARIMGANJ ASSAM

¶19

Page No.# 3/6

¶20

PIN- 788720 CHAIRMAN KALIGANJ CO-OPERATIVE SOCIETY LTD. KALIGANJ KARIMGANJ. 2: THE BOARD OF DIRECTORS OF KALIGANJ CO-OPERATIVE SOCIETY LIMITED KALIGANJ KARIMGANJ REPRESENTED BY ITS CHAIRMAN ANWAR HUSSAIN SON OF LATE TOPAI MIA R/O- VILL.- BOLESHWAR P.O. KALIGANJ BAZAR KARIMGANJ DIST. KARIMGANJ ASSAM PIN- 788720. VERSUS THE STATE OF ASSAM AND 7 ORS. REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM CO-OPERATION DEPARTMENT DISPUR GUWAHATI-781006. 2:THE SECRETARY TO THE GOVERNMENT OF ASSAM CO-OPERATION DEPARTMENT DISPUR GUWAHATI-06. 3:THE REGISTRAR OF CO-OPERATIVE SOCIETIES ASSAM KHANAPARA GUWAHATI-22. 4:THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G) ASSAM KHANAPARA GUWAHATI-22. 5:THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES KARIMGANJ ASSAM 6:THE DISTRICT DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES KARIMGANJ ASSAM 7:THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES KARIMGANJ

¶21

Page No.# 4/6

¶22

ASSAM

¶23

-----------Advocate for : MR. S BANIK Advocate for : SC CO OP appearing for THE STATE OF ASSAM AND 7 ORS.

¶24

Linked Case : WP(C)/5741/2022

¶25

ANWAR HUSSAIN AND ANR S/O. LT. TOPAI MIA VILL. BOLESHWAR P.O. KALIGANJ BAZAR KARIMGANJ DIST. KARIMGANJ ASSAM PIN-788720.

¶26

2: THE BOARD OF DIRECTORS OF KALIGANJ CO-OPERATIVE SOCIETY LTD. KALIGANJ KARIMGANJ REP. BY ITS CHAIRMAN ANWAR HUSSAIN S/O. LT. TOPAI MIA VILL. BOLESHWAR P.O. KALIGANJ BAZAR KARIMGANJ DIST. KARIMGANJ ASSAM PIN-788720. VERSUS THE STATE OF ASSAM AND 8 ORS REP. BY THE ADDL. CHIEF SECRETARY TO THE GOVT. OF ASSAM CO-OPERATION DEPTT. DISPUR GUWAHATI-781006. 2:THE SECRETARY TO THE GOVT. OF ASSAM CO-OPERATION DEPTT. DISPUR GUWAHATI-781006. 3:THE DEPUTY SECRETARY TO THE GOVT. OF ASSAM CO-OPERATION DEPTT.

¶27

Page No.# 5/6

¶28

DISPUR GUWAHATI-781006. 4:THE REGISTRAR OF CO-OPERATIVE SOCIETIES

¶29

ASSAM KHANAPARA GUWAHATI-22. 5:THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G)

¶30

ASSAM KHANAPARA GUWAHATI-22. 6:THE ZONAL JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES

¶31

SILCHAR ZONE SILCHAR. 7:THE ASSTT. REGISTRAR OF CO-OPERATIVE SOCIETIES

¶32

KARIMGANJ ASSAM.

¶33

8:THE DIST. DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES

¶34

KARIMGANJ ASSAM.

¶35

9:TAPAN MALAKAR

¶36

SENIOR INSPECTOR/AUDITOR OF CO-OPERATIVE SOCIETIES OFFICE OF THE ASSTT. REGISTRAR OF CO-OPERATIVE SOCIETIES KARIMGANJ ASSAM. -----------Advocate for : MR. S BANIK Advocate for : SC

¶37

CO OP appearing for THE STATE OF ASSAM AND 8 ORS

¶38

BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM

¶39

ORDER

¶40

Date : 08/09/2022

¶41

Heard Mr. K.N. Choudhury, learned senior counsel assisted by Mr. S. Banik, learned counsel appearing for the writ petitioners in all these writ petitions. Also heard Mr.S.K. Talukdar, learned Standing Counsel, Cooperation Department, Assam, appearing for the official respondents.

¶42

Page No.# 6/6

¶43

The central issue raised in all these writ petitions touches upon the decision of the Government of Assam to reject the prayer for second exemption sought by the Board of Directors of Kaliganj C.S. Ltd. and the consequential orders passed thereof by the departmental authorities.

¶44

By taking note of the facts and circumstances of the cases, this Court had passed order dated 06/09/2022 in WP(C) 5396/2022 requiring the learned Standing Counsel, Cooperation Department, Assam, to obtain instruction on the issue noticed in the said order.

¶45

Today, when the matters are called up, Mr. Talaukdar, learned departmental counsel has produced a copy of the notification dated 07/09/2022 issued in the name of the Governor of Assam, which goes to show that exemption under Section 130(A) of the Assam Cooperative Societies (Amendment) Act of 2021 has been granted in favour of Kaliganj C.S. Ltd. represented by the petitioners for a period of six months w.e.f. 29/03/2022 to 28/09/2022.

¶46

If that be so, the petitioners would now be legally entitled to hold the AGM/Election of the society, subject to fulfillment of the other provisions of the Act.

¶47

In that view of the matter, nothing survives for decision in the writ petitions. The learned counsel for both the sides also agreed to the said proposition.

¶48

As such, by retaining a copy of the written instruction dated 07/09/2022 with the record of these cases, these writ petitions are disposed of by granting liberty to Kaliganj C.S. Ltd. to hold the AGM/election of the society after obtaining necessary approval from the respondent no. 2.

¶49

If an application seeking approval is made before the respondent no. 2, the same shall be considered promptly and the decision in respect thereof, shall be conveyed to the petitioners as expeditiously as possible.

¶50

With the above observation, the writ petitions stand disposed of.

¶51

JUDGE

¶52

sukhamay

¶53

Comparing Assistant

Anwar Hussain and Anr. v. the State of Assam and 6 Ors.

Case brief

What is this about?

What did the court decide?

Anwar Hussain and Anr. v. the State of Assam and 6 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Subir Sarkar and 3 Ors. Vs the State of Assam and 4 Ors.

Syed Hazlul Hoque and Anr. Vs the State of Assam and 5 Ors.

MD Samsuddin Ahmed Vs the Union of India and 5 Ors.

Anwar Hussain and Anr. Vs the State of Assam and 7 Ors.

Abdul Latif Sarkar and Anr. Vs the State of Assam and 8 Ors.

Tatrari Electrical and Traders and Anr. Vs the State of Assam and 4 Ors.