Rajani Kanta Das v. The State of Assam and Anr

PageoNo.#o1/3 GAHC010087172024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/1269/2024oinoWP(C)/1568/2024 RAJANIoKANTAoDASo S/O-oLATEoRABIoRAMoDAS,o R/O-oHOUSEoNO.o21,oTRINAYANoNAGAR,o BELTOLA,oP.O.-oBASISTHA,o GUWAHATI-o781029,oASSAM.o (PRESENTLYoSERVINGoASoLOWERoDIVISIONoASSISTANT,oINoTHEoOFFICEo OFoTHEoDEPUTYoREGISTRARoOFoCO-OPERATIVEoSOCIETIES,oKAMRUP,o GUWAHATI).9957563034 VERSUSo THEoSTATEoOFoASSAMoANDoANRo REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVERNMENToOFoASSAM,o CO-OPERATIONoDEPARTMENT,oDISPUR,oGUWAHATI-o781006. 2:THEoREGISTRARoOFoCOoOPERATIVEoSOCIETIESoASSAM oKHANAPARA oGUWAHATI oDISTRICT-oKAMRUP(METRO) oASSAM-o781022o AdvocateoforotheoPetitionerooooo:oMR.oBoDoKONWARoSR.oADV.o AdvocateoforotheoRespondento:oSC,oCOoOPoo Page No.# 2/3

BEFORE HON'BLE MR. JUSTICE LANUSUNGKUM JAMIR

17.05.2024 O R D E R

Heard Ms. S. Jain, learned counsel for the applicant as well as Ms. A. Mesen, learned counsel, appearing on behalf of Mr. G. Bordoloi, learned Standing Counsel, Cooperation Department, Government of Assam. By this application, the applicant, who is the petitioner in WP(C) No.1568/2024, prays for modification of paragraphs No. 3 and 4 of the order, dated

20.03.2024, passed in WP(C) No.1568/2024. It is the submission of learned counsel for the applicant that due to inadvertence, the learned counsel for the applicant/writ petitioner had submitted that the petitioner had filed an appeal on 01.02.2024 before the Registrar of Cooperative Societies, Assam and, accordingly, this Court had directed the Registrar of Cooperative Societies, Assam to dispose of the appeal within a period of one month. Learned counsel for the applicant/petitioner submits that in fact, the applicant/petitioner had filed an appeal on 01.02.2024 before the Secretary to the Government of Assam, Cooperation Department and, therefore, paragraphs 3 and 4 of the order, dated 20.03.2024, requires to be modified by giving a direction to the Secretary to the Government of Assam, Cooperation Department instead of the Registrar of Cooperative Societies, Assam. After hearing learned counsel for the parties and on perusal of the cause shown, this Court is satisfied. Page No.# 3/3 Accordingly, paragraphs 3 and 4 of the order, dated 20.03.2024, passed in WP(C) No.1568/2024, is modified and the same shall, now, be read as under:- "3. Being aggrieved, the petitioner filed an appeal on 01.02.2024, before the Secretary to the Government of Assam, Cooperation Department, Government of Assam. The appeal is yet to be disposed of till date.

¶4Accordingly without entering into the merits, the writ petition is disposed of directing the respondent No.1/ Secretary to the Government of Assam, Cooperation Department, Dispur, Guwahati-781006/appellate Authority to consider and dispose of the appeal filed by the petitioner on

01.02.2024, within a period of 1(one) month from the date of receipt of a copy of the order of this Court." The order, dated 20.03.2024, passed in WP(C) No.1568/2024 stands modified to the extent indicated above. The IA is, accordingly, disposed of.

JUDGE Comparing Assistant