Dismissed

Surhub Uddin and 9 Ors. v. the State of Assam and 6 Ors.

Gauhati HC11 Nov 2025I.A.(Civil)/2197/2025

Case brief

AI extract

What is this about?

Application for condonation of delay of 593 days in filing a review petition against a consent order was dismissed. The court found the applicants failed to provide sufficient cause for the delay.

What did the court decide?

Dismissal of application for condonation of delay.

What the court decided

Surhub Uddin and 9 Ors. Vs the State of Assam and 6 Ors. — Cooperative Societies | Gauhati HC (2025)

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GAHC010141852025

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

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Case No. : I.A.(Civil)/2197/2025

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SURHUB UDDIN AND 9 ORS

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S/O LATE HELAL UDDIN, R/O VILL. BHOGAMUR, P.O. KAWAIMARI, P.S. SAMAGURI, DIST. NAGAON, ASSAM, PIN 782140

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2: ABDUL BATEN

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S/O LATE ABDUL AWAL R/O VILL. BOROMABEEL P.O. MOWAMARI P.S. SAMAGURI DIST. NAGAON ASSAM PIN 782140

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3: HASEN BANU

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W/O ABDUL RASHID R/O VILL. BHOGAMUR P.O. KAWAIMARI P.S. SAMAGURI DIST. NAGAON ASSAM PIN 782140

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4: NUR MAHAMMAD

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S/O LATE SHAMS UDDIN R/O VILL. JEWMARI P.O. TELIACHAPORI P.S. RUPAHIHAT DIST .NAGAON ASSAM PIN 782125

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Page No.# 2/6

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5: HAYATUN NESSA

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W/O ROFIQUL ISLAM R/O VILL. BHOGAMUR P.O. KAWAIMARI P.S. SAMAGURI DIST. NAGAON ASSAM PIN 782140

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6: JAMINA KHATUN

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W/O YUSUF ALI R/O VILL. BHOGAMUR P.O. KAWAIMARI P.S. SAMAGURI DIST. NAGAON ASSAM PIN 782140

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7: OWAISE UDDIN

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S/O LATE UMMES ALI R/O VILL. JORAPANI P.O. TELIACHAPORI P.S. RUPAHIHATI DIST. NAGAON ASSAM PIN 782125

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8: ARFAN ALI

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S/O ABDUL MAZID R/O VILL. BAZIAGAON P.O. BAZLAGAON P.S. SAMAGURI DIST. NAGAON ASSAM PIN 782140

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9: RAFIQUL ISLAM

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S/O MD. HUSSAIN ALI R/O VILL. BAZLAGAON P.O. BAZIAGAON P.S. SAMAGURI DIST. NAGAON ASSAM

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PIN 782140

10: ABDUL KALAM

S/O ABDUL HAI R/O VILL. BARAMABEEL P.O. MOWAMARI P.S. SAMAGURI DIST. NAGAON ASSAM PIN 78214

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VERSUS

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THE STATE OF ASSAM AND 6 ORS

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REPRESENTED BY THE COMMISSIONER AND SECY., CO OPERATION DEPTT., GOVT. OF ASSAM, DISPUR, GUWAHATI, ASSAM, PIN 781006

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2:THE REGISTRAR

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CO OPERATIVE SOCIETIES ASSAM SAMABARY BHAWAN KHANAPARA GUWAHATI ASSAM PIN 781022

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3:THE ZONAL JOINT REGISTRAR OF COOPERATIVE SOCIETIES

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GUWAHATI ZONE BHANGAGARH GUWAHATI ASSAM PIN 781005

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4:THE DEPUTY COMMISSIONER

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NAGAON DIST. NAGAON ASSAM PIN 782001

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5:THE DEPUTY REGISTRAR

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CO OPERATIVE SOCIETIES NAGAON DIST. NAGAON ASSAM

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Page No.# 4/6

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PIN 782001

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6:THE ASSTT. REGISTRAR

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CO OPERATIVE SOCIETIES NAGAON / EXECUTIVE OFFICER KHATOWAL (RUPAHI0 SAMABAI SAMITY DIST. NAGAON ASSAM PIN 782001 7:THE SECRETARY

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KHATOWAL (RUPAHI) SAMABAI SAMITY P.O. BHAGAMUR BOROMA DIST. NAGAON ASSAM PIN 78214

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Advocate for the Petitioner : MR. R C DAS, MR. A KASHYAP,A JUBARIA,MR. H RAHMAN,MR S HUSSAIN

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Advocate for the Respondent : GA, ASSAM, SC, CO OP

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BEFORE

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HONOURABLE MR. JUSTICE MANISH CHOUDHURY

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ORDER

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Date : 12.11.2025

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Heard Mr. R.C. Das, learned counsel for the applicants; Ms. M.D. Bora, learned Standing Counsel, Cooperation Department for the opposite party nos. 1, 2, 3, 5 & 6; and Mr. N. Das, learned Junior Government Advocate, Assam for the opposite party no. 4.

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The instant application under Section 5 of the Limitation Act, 1963 is preferred seeking condonation of delay of 593 days, which delay has occurred in filing the accompanying review petition. The applicants herein as the review petitioners have preferred the accompanying review petition under Order 47, Rule 1 & 2 of the Civil Procedure Code, 1908 seeking review of an Order dated 04.10.2023 passed in a writ petition, W.P.[C.] no. 1046/2023. In the writ petition, W.P.[C.] no. 1046/2023, the applicants-review petitioners herein were the writ

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petitioners.

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The writ petitioners preferred the writ petition stating that they were shareholders of one M/s Khatowal [Rupohi] Samabai Samity, a cooperative society, registered under the provisions of the Assam Co-operative Societies Act, 2007, as amended, and their grievance was with respect to non-holding of Annual General Meeting [AGM]/Election of the cooperative society in time. During the course of deliberation held on 04.10.2023, it was submitted on behalf of the State respondents that preparation of the correct voter list stood completed and a notification would be issued notifying the AGM/election of the society. It was submitted that the writ petition could be disposed of with a direction to that effect. The learned counsel for the petitioner therein who represented the applicants-review petitioners herein, had agreed to a direction for disposal of the writ petition with a further direction for refund of the nomination fees deposited by the writ petitioners to contest in the election of the society earlier. The Court taking note of the respective submissions of the learned counsel for the parties, reached an observation that no further direction would be required at that stage save and except providing that the respondents shall notify the AGM/Election of the society as expeditiously as possible, but within a period of 4 [four] weeks from the date of receipt of the certified copy of the order.

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The Order dated 04.10.2023 is, in essence, a consent order. The contempt petition was preferred thereafter, alleging its non-compliance.

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Be that as it may. I have gone through the statements and averments made in the application seeking condonation of delay of 593 days. It is noticed that despite the nature of the Order dated 04.10.2023, the applicants herein carried the matter to the Division Bench by an intra-Court appeal, Writ Appeal no. 01/2024 to assail the Order dated 04.10.2023. When the writ appeal, Writ Appeal no. 01/2024 was listed on 22.01.2024, a prayer was made on behalf of the writ appellants for withdrawal of the writ appeal with a liberty to file a review petition. The accompanying review petition was filed and reported on 14.07.2025. In the instant application the applicants have stated that they obtained a certified copy of the Order dated 22.01.2024 only on 12.06.2025. As the Order dated 04.10.2023 [supra] was an intraparte order and the writ appeal, Writ Appeal no. 01/2024 was withdrawn on 22.01.2024 at

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the instance of the applicants herein, this Court finds that there is no explanation in the application much less proper explanation showing sufficient cause, which had prevented the applicants from filing the review petition during the period from 22.01.2024 to 12.06.2025.

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Ms. Bora, learned Standing Counsel, Cooperation Department has submitted, on instruction, that the AGM/election to M/s Khatowal [Rupohi] Samabai Samity is scheduled on 23.11.2025 and all the due procedures have been followed to hold the AGM/election.

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Having regard to the fact that the accompanying review petition has been preferred against a consent order and the abject failure on the part of the applicants to explain the delay of 593 days showing sufficient cause, this application is found to be lacking merit and is liable to be dismissed. It is accordingly, dismissed.

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The instructions placed by Ms. Bora are to be kept as part of the case record.

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JUDGE

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Comparing Assistant

Surhub Uddin and 9 Ors. v. the State of Assam and 6 Ors.

Case brief

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What the court decided

Surhub Uddin and 9 Ors. v. the State of Assam and 6 Ors.

Case brief

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