Disposed

Debendranath Rout v. State of Odisha

Orissa HC19 Apr 2023WP(C)/2146/2023

Case brief

AI extract

What is this about?

In this writ petition, the Calcutta High Court (noted as Odisha in text) directed the Deputy Registrar of Cooperative Societies and the Enquiry Committee to complete their inquiry into Coconut Oil Company deposits within six months, following delayed progress despite previous orders.

What did the court decide?

The Court directed the Deputy Registrar and Enquiry Committee to complete the enquiry within six months and communicate the decision to the Court.

Debendranath Rout Vs State of Odisha — Consumer Protection | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) NO. 2146 OF 2023

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Debendranath Rout and others

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…. Petitioners

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Mr. Dolagobinda Mohapatra, Advocate

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-versus-

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State of Odisha and others

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…. Opp. Parties Mr. Swayambhu Mishra, Additional Standing Counsel

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CORAM:

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JUSTICE K.R. MOHAPATRA

ORDER

Order No.

19.04.2023

This matter is taken up through hybrid mode.

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The Petitioners in this writ petition pray for a direction to the Deputy Registrar, Cooperative Societies-II, Cuttack and Head of the Enquiry Committee, office of the ARCS, Jagatsinghpur Circle, Jagatsinghpur-Opposite Party No.2 to complete the enquiry by accepting the bank passbook and other relevant documents as well as recording statement of the depositors.

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It is submitted by learned counsel for the Petitioners that no tangible step has been taken to complete the enquiry in spite of the direction made vide order dated 13^th September, 2022 in W.P.(C) No.15913 of 2022, which was disposed of with the following direction:

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“5. From the above, it is clear that the actions have already been taken pursuant to the representation of Petitioners dated 18^th April, 2022 (Annexure-1). But at the same time, this Court finds that the enquiry in the matter is not completed.

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6. Hence, this Court, while disposing of the writ petition, directs Deputy Registrar of Cooperative Societies, Cuttack Division-II, Cuttack-Opposite Party No.4 to see that the enquiry is completed expeditiously

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Page 1 of 3

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// 2 //

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and action as deem fit and proper it taken in pursuance thereof. 6.1 As requested by Mr. Mishra, learned AGA, a copy of this order may be handed over to him for communication and compliance.”

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In spite of such direction, the enquiry has not yet been completed. Accordingly, this Court vide order dated 6^th March, 2023 directed learned State Counsel to take instruction with regard to compliance of the order passed in the aforesaid writ petition.

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Mr. Mishra, learned Additional Standing Counsel submits that he has received written instruction from the Assistant Registrar of Co-operative Societies, Jagatsinghpur Circle, Jagatsinghpur dated 17^th April, 2023, which reads as under:

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“Sir,

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As directed by the Hon’ble Court vide dated 13.09.2022 passed in WPC No.15913/2022 and the order dated 6.3.2023 passed in WPC No.2146/2023, which involve a common question o flaw and the facts, the report contained in Letter dated 12.12.2022 of the Inquiry Officer, Office of the ARCS, Jagatsinghpur Circle, Jagatsinghpur and the subsequent report dated 15.4.2023 of the Inquiry Officer, which show the present status on the progress of enquiry, are filed enclosed herewith for production of the same before the Hon’ble Court on the scheduled date of hearing. Since as of now, documents have been collected from 267 depositors, which consists of more than 800 accounts, to verify them, it would take at least four months. However, in the meantime, 143 number of accounts have been verified and the rest documents would be verified within a period of four months.

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The aforesaid facts may kind be brought to the notice of the Hon’ble Court for kind appraisal.”

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Page 2 of 3

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// 3 //

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In view of the written instruction submitted by Mr. Mishra, learned Additional Standing Counsel to the effect that it would take four months for verification of documents, this Court directs that Deputy Registrar of Cooperative Societies-II, Cuttack-Opposite Party No.4 and Head of the Enquiry Committee, office of the ARCS, Jagatsinghpur Circle, Jagatsinghpur-Opposite Party No.8 shall complete the enquiry as expeditiously as possible preferably within a period of six months from today and communicate the decision thereof to this Court, which is to be tagged to the present writ petition.

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With the aforesaid observation and direction, this writ petition is disposed of. 8. As requested, a copy of this order shall be handed over to Mr. Mishra, learned Additional Standing Counsel for communication and compliance.

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Urgent certified copy of this order be granted on proper application.

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bks

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(K.R. Mohapatra) Judge

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Page 3 of 3

Debendranath Rout v. State of Odisha

Case brief

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Debendranath Rout v. State of Odisha

Case brief

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