Golakganj Municipal Fish Business Samity and Anr. Vs the State of Assam and 5 Ors.

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GAHC010146162024

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2025:GAU-AS:7582

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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)/3985/2024

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GOLAKGANJ MUNICIPAL FISH BUSINESS SAMITY AND ANR REPRESENTED BY ITS GENERAL SECRETARY SHRI AMIT BARMAN, RESIDENT OF VILL- SOUTH TOKRERCHARA PART-IV, POST OFFICE AND POLICE STATION- GOLAKGANJ, DISTRICT- DHUBRI, ASSAM.

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2: AMIT BARMAN S/O- DILIP BARMAN

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RESIDENT OF VILL- SOUTH TOKRECHARA PART-IV

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POST OFFICE AND POLICE STATION- GOLAKGANJ

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DISTRICT- DHUBRI ASSAM

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PIN- 783334

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VERSUS

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THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, FIRM AND SOCIETIES DEPARTMENT, DISPUR, GUWAHATI-6, KAMRUP(M), ASSAM.

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2:THE DISTRICT COMMISSIONER DHUBRI DISTRICT DHUBRI ASSAM PIN- 783301.

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3:THE REGISTRAR OF FIRMS AND SOCIETIES ASSAM

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HOUSEFED COMPLEX DISPUR GUWAHATI-06.

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4:THE DISTRICT DEVELOPMENT COMMISSIONER DHUBRI IN THE DISTRICT OF DHUBRI ASSAM PIN- 783304.

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5:THE CIRCLE OFFICER GOLAKGANJ REVENUE CIRCLE GOLAKGANJ IN THE DISTRICT- DHUBRI ASSAM PIN- 783304.

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6:GOLAKGANJ MATSHYA BAPSAYEE MARKETING SAMITTEE @ GOLAKGANJ BAZAR MATSYA BABSAYEE UNNAYAN SAMITTE REPRESENTED BY ITS PRESIDENT SRI DHANIRAM DAS

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S/O- HARIDAS DAS VILLAGE- UTTAR RAJAPUR P.O. AND P.S- GOLAKGANJ IN THE DISTRICT OF DHUBRI

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ASSAM PIN- 783301

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Advocate for the Petitioner : MR. J KALITA, MR. J BARMAN,MR. H R DAS,MR J LOTHA,MRS R DEKA,MR B D DAS,M BRAHMA,MR SOHAING Advocate for the Respondent : GA, ASSAM, FOR CAVEATOR,MRS K M SAIKIA,MR. P BORAH,SC, REVENUE

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BEFORE

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HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY

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ORDER

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11-06-2025

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1. Heard Mr. B. D. Das, learned Senior counsel assisted by Ms. R. Deka, learned counsel for the petitioners and Mr. P. Borah, learned counsel for the respondent No. 6.

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2. The case of the petitioner herein is that the petitioner is entitled to use and register the name of its society as Golokganj Municipal Fish Business Samity. It is further case of the petitioner that initially the petitioner was allowed to use the said name, however, an objection was filed by the respondent No. 6 and pursuant thereto, the respondent No. 6 approached this Court by filing a writ petition being WP(C) No. 318/2022 and the same was disposed of by order dated 30.08.2022, directing the Circle Officer, Golakganj Revenue Circle, Golakganj to pass a fresh order within a period of 1 (one) month from the date of receipt of a certified copy of the aforesaid order by taking note of objection so raised by the respondent No. 6, herein in its representation dated 13.08.2020. Pursuant thereto, an order has been passed on 21.06.2024, which is being challenged in this writ petition.

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3. During the pendency of this writ petition, the respondent No. 6, i.e., Golakganj Bazar Matsya Babasayee Unnayan Samittee had got itself registered under the Societies Registration Act, 1860 under No. UBIN: CAF-SWA/2024/52442 issued by the Registrar of Societies, Guwahati, Assam.

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4. Mr. Das, learned Senior counsel for the petitioner submits that on 24.12.2021, the petitioner had also filed an application through online mode for registration it under the Societies Registration Act, 1860 (Annexure-A6 to this petition) and due acknowledgment was given by the designated public servant. According to Mr. Das, learned Senior counsel for the petitioner that due payment has already been made but the aforesaid application is still pending. Therefore, he contends that at this stage, the petitioner will not insist to challenge the impugned Speaking Order dated 21.06.2024, inasmuch as the authority, who issues registration certificate under the Societies Registration Act, 1860, is not the Circle Officer.

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5. In view of the aforesaid backdrop, this Court is of the considered opinion that the dispute revolves as regards the registration as well as the respondent No. 6, is to be considered by the Registrar of Societies, Assam under the provisions of Societies Registration Act, 1860 as well as the rules framed thereunder.

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6. In view of the aforesaid, without entering into the dispute, the present writ petition is disposed of as prayed for by the learned Senior counsel for the petitioner and not opposed by the learned counsel for the respondent No. 6, directing the Registrar of Societies, Assam to take a final call on the application of the petitioner within a period of 4 (four) weeks from the date of receipt of a certified copy of this order by following due process in terms of aforesaid Act, 1860 as well as the rules framed thereunder and without being influenced by the determination made by the Circle Officer, Golakganj Revenue Circle, Golakganj in its impugned Speaking Order dated 21.06.2024, inasmuch as such, the Circle Officer is having no jurisdiction to decide such dispute.

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JUDGE

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Golakganj Municipal Fish Business Samity and Anr. v. the State of Assam and 5 Ors.

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Golakganj Municipal Fish Business Samity and Anr. v. the State of Assam and 5 Ors.

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