On the Death of Late Anil Das, Earlier Secretary of Dibru Part 1 Meen Samabai Samiti Ltd and Anr v. The State of Assam and 8 Ors

ORDER Date : 20-02-2024 Heard Mr. L. Mohan, learned counsel for the applicants; Ms. S. Baruah, learned Junior Government Advocate, Assam for the opposite party nos. 1, 2, 4, 5, 6, 7 & 8; Ms. G. Hazarika, learned Standing Counsel, Revenue and Disaster Management Department for the opposite party no. 3; and Mr. D.J. Haloi, learned counsel for the opposite party no. 9.

¶2The connected writ petition, W.P.[C] no. 737/2022 had been preferred by M/s Dibru Part-I Meen Samabai Samiti Ltd. as the petitioner no. 1, that is, the applicant no. 1 herein and one Anil Das as the petitioner no. 2. The petitioner no. 1, M/s Dibru Part-I Meen Samabai Samiti Ltd. ['the petitioner no. 1 society', for short] is a registered fishery cooperative society. At the time of preferring the writ petition, the petitioner no. 1 society was represented by Anil Das, who, at that time, was the secretary of the petitioner no. 1 society. It is averred that during the pendency of the writ petition, W.P.[C] no. 737/2022, Anil Das who was also the petitioner no. 2 therein and also represented the petitioner no. 1 society, expired on 26.01.2024. Pursuant to demise of Anil Das, the applicant-petitioner no. 1 society in a meeting held on 01.02.2024, passed a resolution to appoint Sri Bijay Mallah as the secretary of the applicant-petitioner no. 1 society and the said resolution was approved by the Assistant Registrar of Cooperative Societies, Tinsukia on 08.02.2024.

¶3By the instant interlocutory application, prayer is made to substitute the Page No.# 4/4 applicant-petitioner no. 2 in the connected writ petition by Sri Bijay Mallah, the present secretary of the applicant-petitioner no. 1 society. It is also prayed that the applicant-petitioner no. 1 society may be permitted to be represented by Sri Bijay Mallah in his present capacity of the secretary of the applicant-petitioner no. 1 society.

¶4The learned counsel for the opposite parties have submitted that they have no objection to the said prayers. As the applicant-petitioner no. 1 society is sought to be represented by the present secretary of the said society, the prayer for substitution is allowed. As the petitioner no. 2 in the connected writ petition, preferred the writ petition in his capacity as the then secretary of the applicant-petitioner no. 1 society and because of his demise, the said petitioner no. 2 is sought to be represented by the present secretary of the society, that is, the applicant no. 2 herein, the said prayer is also allowed.

¶5The learned counsel applicants-writ petitioners shall submit an amended Cause-Title in terms of the Notification no. 79 dated 19.06.2023 within 3 [three] working days and on submission of the amended Cause-Title, the Registry to carry out the necessary corrections in the connected writ petition as well as in the CIS. The interlocutory application stands allowed to the extent indicated above.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010033552024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/476/2024o ONoTHEoDEATHoOFoLATEoANILoDAS,oEARLIERoSECRETARYoOFoDIBRUoPART 1oMEENoSAMABAIoSAMITIoLTDoANDoANR.o DIBRUoPART-IoMEENoSAMABAIoSAMITIoLTD.oRESIDENToOFoGUIJAN,oP.O.o RANGAGORAH,oP.S.oTINSUKIAo DIST.oTINSUKIA,oASSAMoANDoISoREPRESENTEDoBYoITSoSECRETARYoSRIo BIJAYoMALLAH,oS/OoNANTUNoMALLAH,oHILIKHAoGHAT,oP.O.oBORHAPJAN, DOOMDOOMA,oHILIKHAoT.E.,o265oWL,oP.O.oRANGAGORAH,oP.S.oTINSUKIAo DIST.oTINSUKIA,oASSAM 2:oSRIoBIJAYoMALLAH oS/OoNANTUNoMALLAH oHILIKHAoGHAT oP.O.oBORHAPJAN oDOOMDOOMA oHILIKHAoT.E. o265oWL oP.O.oRANGAGORAH oP.S.oTINSUKIAoDIST.oTINSUKIA oASSAo VERSUSo THEoSTATEoOFoASSAMoANDo8oORS.o REP.oBYoTHEoPRINCIPALoSECRETARYoTOoTHEoGOVT.oOFoASSAM,oFISHERIES DEPARTMENT,oDISPUR,oGUWAHATI-6. 2:THEoCOMMISSIONERoANDoSECRETARY oTOoTHEoGOVT.oOFoASSAM oFISHERIESoDEPARTMENT oDISPUR oGUWAHATI-6. 3:THEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM Page No.# 2/4 REVENUE DEPARTMENT DISPUR GUWAHATI-6. 4:THE ADDITIONAL SECRETARY TO THE GOVT. OF ASSAM FISHERIES DEPARTMENT DISPUR GUWAHATI-6 KAMRUP (M) ASSAM 5:THE DEPUTY SECRETARY TO THE GOVT. OF ASSAM FISHERIES DEPARTMENT DISPUR GUWAHATI-6 KAMRUP (M) ASSAM 6:THE DEPUTY COMMISSIONER TINSUKIA DIST. TINSUKIA ASSAM 7:THE ADDITIONAL DEPUTY COMMISSIONER I/C SADIYA SUB-DIVISION DIST. TINSUKIA ASSAM 8:THE DISTRICT FISHERY DEVELOPMENT OFFICER TINSUKIA DIST. TINSUKIA ASSAM 9:M/S DIBRU-DANGORI PART-I MEEN SAMABAY SAMITY LTD. REP. BY ITS SECRETARY SRI BIKASH DAS S/O LATE SACHINDRA MOHAN DAS R/O DIGHALTARANG TINSUKIA-786151 DIST. TINSUKIA ASSA Advocate for the Petitioner : MR J I BARBHUIYA Advocate for the Respondent : SC, REVENUE Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY