Disposed

Swadhin Bharat Jena v. Registrar Cooperative Societies, Bbsr

Orissa HC15 Nov 2023WP(C)/35905/2023

Case brief

AI extract

What is this about?

This is a writ petition challenging resolutions of a cooperative society and an order under the OCS Act. The court disposed of the matter at the admission stage, directing the Registrar to consider the petitioner's pending representation within six weeks and pass a reasoned order.

What did the court decide?

Direction to Opposite Party No.1 to consider the pending representation of the petitioner within six weeks and pass a reasoned order, communicating the decision within two weeks.

Swadhin Bharat Jena Vs Registrar Cooperative… — Service and Employment | Orissa HC (2023)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK

¶2

W.P.(C) No.35905 of 2023

¶3

Swadhin Bharat Jena

¶4

…. Petitioner

¶5

Mr. B. Sahoo, Advocate

¶6

-versus-

¶7

…. Registrar Cooperative Societies, Opposite Parties BBSR & others

¶8

Mr.I.Mohanty, A.S.C.

¶9

CORAM:

¶10

JUSTICE A.K. MOHAPATRA

ORDER

Order No.

15.11.2023

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

¶16

Heard learned counsel for the Petitioner as well as learned Additional Standing Counsel.

¶17

The Petitioner has filed the present writ application with the following prayer:

¶18

“It is therefore prayed that this Hon’ble Court may graciously be pleased to;

¶19

i. Admit and allow the writ petition of the petitioner and issue notice to the Opp.Parties;

¶20

ii. After hearing the parties, to quash/set-aside the Resolutions dated 23.07.2021 under Annexure-6, Resolution dated 06.08.2021 under Annexure-8, Resolution dated 09.08.2021 under Annexure-9 & Resolution dated 12.08.2021 under Annexure-10 of the Administrator of Mula Alasa SCS Ltd. and also quash the order No.2080, dated 17.08.202 of ARCS, Puri Circle under Annexure-11;

¶21

iii. The Hon’ble Court may pass order that the continuance

¶22

// 2 //

¶23

of Opp.Party No.7 as Secretary of Mula Alasa SCS Ltd. is an illegal and contrary to the OCS Act & PACS Staff Service Rules;

¶24

iv. Direction may be issued to the Opp.Party Nos.1 to 6 to complete the selection of the post of Assistant Secretary and Secretary of Mula Alasa SCS Ltd. afresh following the provisions of OCS Act, OCS Rules and Rule-5 & 6 of PACS Staff Service Rules, 2011;

¶25

v. The Hon’ble Court may issue direction to the Registrar Co-operative Societies, Odisha (Opp.Party No.1) to dispose of the representation dated 24.02.2023 of the petitioner under Annexure-17 following the OCS Act & PACS Staff Service Rules;

¶26

AND

¶27

vi. To pass such other orders/ directions as deemed fit and proper.”

¶28

In course of hearing of the writ application, learned counsel for the Petitioner submits that the Petitioner ventilating his grievance has submitted representation before the Registrar Co-operative Societies, Odisha, Bhubaneswar, Opposite Party No.1 under Annexure-17. It is also submitted by the learned counsel for the Petitioner that the said representation is pending as of now. It is also submitted by the learned counsel for the Petitioner that a direction be issued to the Opposite Party No.1 to consider the representation of the Petitioner under Annexure-17 within a stipulated period of time.

¶29

Learned Additional Standing Counsel submits that he has no objection if the representation of the Petitioner is considered by the Opposite Party No.1, which is stated to be pending, in accordance with law within a stipulated period of time.

¶30

Considering the limited nature of grievance of the Petitioner, the writ application is disposed of at the stage of admission with a direction to the Opposite Party No.1 to consider the representation of the Petitioner under Annexure-17 taking into consideration Annexure-15 within a period of six weeks from the date of

¶31

// 3 //

¶32

production of certified copy of this order. The Opposite Party No.1 shall do well to dispose of the representation of the Petitioner under Annexure-17 by passing a speaking and reasoned order. The decision so taken by the Opposite Party No.1 be also communicated to the Petitioner within two weeks thereafter.

¶33

With the aforesaid observation, the writ application stands disposed of.

¶34

Issue urgent certified copy of this order as per Rules.

¶35

Anil

¶36

( A.K. Mohapatra )
Judge

¶37

Signature Not Verified

¶38

Digitally Signed Signed by: ANIL KUMAR SAHOO Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 16-Nov-2023 10:38:30

Swadhin Bharat Jena v. Registrar Cooperative Societies, Bbsr

Case brief

What is this about?

What did the court decide?

Swadhin Bharat Jena v. Registrar Cooperative Societies, Bbsr

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Deepak Kumar Sahu Vs Gopal Pruseth, A.R.C.S Padmapur Circle, Bargarh.

Bholeswar Mahapatra Vs Pradeep Mirase, D.F.O., Sundargarh Forest Division, Sundargarh

Nihar Ranjan Swain Vs Parul Patawari, IAS

Dhirendra Patnaik Vs State of Odisha

Krishna Chandra Sahu Vs State of Odisha

Sayani Mandal Vs Union of India