Md. Gahan Cha Ali Ahmed v. The State of Assam and 4 Ors

ORDER

06.05.2024 Shri A. Sarma, learned counsel appearing on behalf of Shri A. Ali, learned counsel for the petitioner.

¶2Both the writ petitions filed by the same petitioner are more or less on the same subject with a prayer to set aside the appointment of the private respondent no. 5 as Secretary to the Bhaktapara SS Ltd. in the district of Darrang.

¶3Be that as it may, Ms. MD Bora, learned Standing Counsel, Cooperation Department has however submitted that the same petitioner had subsequently filed a writ petition being WP(C)/3568/2023 with a prayer for release of salaries.

¶4This Court has however dismissed the said writ petition vide an order dated 29.09.2023 by holding that though the Society would be a Body Corporate under the Assam Cooperative Societies Act, 2007, that by itself would not bring in a dispute for release of salaries in that case from the Society within the ambit of the writ jurisdiction of this Court. This Court had also made an observation that no opinion on merits of the respective parties was expressed. Page No.# 4/4

¶5The learned Standing Counsel has submitted that the petitioner is not an employee of the Department but was privately employed by the Society and therefore, the present writ petition would not be maintainable.

¶6Following the analogy laid down by this Court in the order dated

29.09.2023 passed in WP(C)/3568/2023, this Court is of the opinion that the same would also apply for the present two cases which incidentally have been filed with the same cause of action.

¶7Accordingly, both these writ petitions are dismissed on the ground that the dispute raised would not come within the ambit of a dispute amenable to the writ jurisdiction of this Court. However, no opinion has been expressed by this Court on the inter se merits of the rival parties.

¶8It is needless to state that the petitioner would be at liberty to approach appropriate forum for redressal of his grievance.

¶9The writ petition stands disposed of. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010016722021 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/628/2021o MD.oGAHANoCHAoALIoAHMEDo S/OoLATEoALOoALI,oR/OoVILL.oCHALANIoKUCHI,oP.O.oBHAKATPARA,oDIST.o DARRANG,oASSAM. VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECY.oTOoTHEoGOVT.oOFo ASSAM,oCOoOPERATIVEoSOCIETYoDEPTT.,oDISPUR,oGUWAHATIo06 2:THEoREGISTRAR oCOoOPERATIVEoSOCIETY oKHANAPARA oGUWAHATIo22 3:THEoJOINToREGISTRAR oCOoOPERATIVEoSOCITY oTEZPUR oASSAM oPIN 4:THEoASSTT.oREGISTRAR oCOoOPERATIVEoSOCIETIESoOFoMANGALDOIoSUBoDIVISION oMANGALDOI oP.O.oMANGALDOI oDIST.oDARRANG oASSAM oPINo784125 Page No.# 2/4 5:SHAHJAMAL S/O CHAMAD KHA R/O VILL. JOGIPARA P.O. BALABARI DIST. DARRANG ASSAM PIN 78419 Advocate for the Petitioner : MR A ALI Advocate for the Respondent : SC, CO OP Linked Case : WP(C)/20/2021 MD. GAHAN CHA ALI AHMED S/O LATE ALO ALI RESIDENT OF VILLAGE CHALANI KUCHI PO BHAKATPARA DIST DARRANG ASSAM VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM. CO OPERATIVE SOCIETY DEPARTMENT DISPUR GUWAHATI 06 2:THE REGISTRAR CO OPERATIVE SOCIETY KHANAPARA GUWAHATI 22 3:THE JOINT REGISTRAR CO OPERATIVE SOCIETY TEZPUR ASSAM 4:THE ASSISTANT REGISTRAR CO OPERATIVE SOCIETY OF MANGALDOI SUB DIVISION MANGALDOI DIST DARRANG ASSAM 784125 5:SHAHJAMAL Page No.# 3/4 S/O CHAMAD KHA RESIDENT OF VILLAGE JOGIPARA PO BALABARI DIST DARRANG ASSAM 784190 ------------ Advocate for : MR A ALI Advocate for : SC CO OP appearing for THE STATE OF ASSAM AND 4 ORS BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI