Nurul Islam v. The State of Assam and 4 Ors

Order

31.07.2024

¶1Heard Mr. LR Mazumder, learned counsel for the petitioner. Also heard Mr. MD Bora, learned standing counsel for the Co-operative Department.

¶2The petitioner is aggrieved by an order dated 27.02.2017 passed by the Assistant Registrar of Co-operative Societies, Hojai by which the penalty of Rs. 5,000/- was imposed on the petitioner for alleged act of making certain illegal changes in the membership register of Nilbagan GPSS limited by including the name of one Md. Nurul Hoque in place of Elais Banu. It is the case of the petitioner that before passing the order imposing the penalty, the petitioner was not given any opportunity of hearing and that the petitioner had not made any change in the membership register as alleged in the order dated 27.02.2017. In the aforesaid factual backdrop, this court under its order dated 29.03.2017 stayed the aforesaid order dated 27.02.2017.

¶3This court under its order dated 15.07.2024 sought instruction from the learned standing counsel. Ms. Bora, learned standing counsel on instruction submits that pursuant to the interim order, no recovery was made and the Board concerned who imposed such penalty in the meantime has been changed and she has instruction to submit that the present board is not insisting upon imposing of penalty.

¶4In view of such submission, the impugned order dated 27.02.2017 stands set Page No.# 3/3 aside and the writ petition stands closed. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010125692017 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1885/2017o NURULoISLAMo S/OoLT.oABDULoKHALIQUEoEX-CHAIRMAN,oNILBAGANoCO-OPERATIVEo SOCIETYoLIMITED,oR/OoVILL-oMUBARAKoBASTI,oP.O.oNILBAGANoP.S.o MURAJHARoDIST.oHOJAI,oASSAMoPINo-o782445 VERSUSo THEoSTATEoOFoASSAMoando4oORS.o THROUGHoTHEoSECRETARY,oTOoTHEoGOVT.oOFoASSAM,oCO-OPERATIVEo DEPARTMENT,oDISPUR,oGUWAHATIo-781006 2:THEoREGISTRARoOFoCOo-OPERATIVEoSOCIETIES oASSAM oKHANAPARA oGUWAHATIo-22 3:THEoDEPUTYoREGISTRAR oCO-OPERATIVEoSOCIETIES oASSAM oP.O.oandoDIST.oNAGAON oASSAM 4:THEoASSISTANToREGISTRARoOFoCO-OPERATIVEoSOCIETIES oHOJAI oP.O.oandoDIST.oHOJAI Page No.# 2/3 ASSAM 5:THE SECRETARY NILBAGAN CO-OPERATIVE SOCIETIES LIMITED VILL and P.O. NILBAGAN P.S. MURAJHAR DIST. HOJAI ASSAM PIN - 78244 Advocate for the Petitioner : MR. S BISWAS, MR. H A TALUKDAR,MR. I HUSSAIN,MR. L R MAZUMDER Advocate for the Respondent : GA, ASSAM, SC, CO-OPERATIVE DEPTT. BEFORE THE HON'BLE MR. JUSTICE ARUN DEV CHOUDHURY