Dismissed

Jagannath Truck and Tipper Owners Association v. State of Odisha

Orissa HC1 Dec 2015WP(C)/21207/2015

Case brief

AI extract

What is this about?

The Court disposed of the writ petition by observing no infirmity in the orders merging the petitioner unit with another association. Liberty was granted to the petitioner to approach the appropriate forum regarding the cancellation and merger dispute.

What did the court decide?

Writ petition dismissed; liberty granted to petitioner to approach appropriate forum regarding merger dispute.

The petitioner files this application assailing the orders dated 19.07.2001, 7.11.201 5 and 16.11.2015 passed by the authority vide Annexures-4, 8 and 9 respectively. Mr. A.P. Bose, learned counsel for the petitioner states that assailing the order dat ed 19.07.2001 vide Annexure-4, the petitioner earlier approached this Court by filing OJC No. 10978 of 2001, which has been withdrawn by the petitioner by filing memo on 16.10.2015. Therea fter the petitioner filed an application for recalling the said order, which has been rejected by this Court vide order dated 23.11.2015 and thereafter the orders in Annexures-8 and 9 were passed. Therefore, assailing the said orders, the petitioner approached this Court by filing the present writ petition.

Mr. A.K. Mishra, learned Addl. Govt. Advocate states that the petitioner could not ha ve approached this Court by filing the present writ petition when there is dispute with regard to merger of the petitioner unit with that of Sunabeda Truck and Tipper Association. Therefor e, the writ petition should have dismissed granting liberty to the petitioner to move the appr opriate forum ventilating his grievance in accordance with law.

In course of hearing, Mr. A.P. Bose, learned counsel for the petitioner states that t he suit bearing T.S. No. 24 of 2001 is pending before the learned Civil Judge (Sr. Division), Koraput for adjudication. Therefore, liberty may be granted to the petitioner to move the said forum in accordance with law.

Considering the contention raised by learned counsel for the parties and after going through the records, since the registration of petitioners association-Sri Jagannath Truck and Tripper Association, Damanjodi has been cancelled and consequent upon merging into Sunabeda T ruck and Tipper Association with its headquarters at Semiliguda vide order no.1686/Reg-XXIX-14 3/2001 dated 19.7.2001, this Court finds no infirmity in the orders itself. In any case, if th e petitioner is aggrieved by cancellation of registration with regard to merging of petitioner s association with Sunabeda Truck and Tipper Association, he may approach the appropriate foru m in accordance with law, if he is so advised.

Jagannath Truck and Tipper Owners Association v. State of Odisha

Case brief

What is this about?

What did the court decide?

Jagannath Truck and Tipper Owners Association v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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