PRATAP KUMAR PRADHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner, President of Sri Aurobinda Study Circle, Phulbani calls in question the letter dated 16.6.1998 of the Collector, Kandhamal, Phulbani (Annexure -2) requiring the petitioner to comply with the suggestions made therein, failing which, the action as per law is to be initiated, as illegal, arbitrary and unauthorized.

(2.) IT is stated in paragraph 6 of the counter affidavit of opposite party No. 3 that he has filed Title Suit No. 3 of 1999 in the Court of the Civil Judge (Senior Division), Phulbani for declaration that the newly constituted executive body of Sri Aurobinda Study Circle and Aurobinda Integral Education Centre formed in the general body meeting are legal and have right to exercise power for management over the study circle and the school and for a permanent injunction restraining the defendants therein from functioning as office bearers of the Management Committee and to hand over charges to the plaintiffs 1 and 6. The said suit is pending but in view of the pendency of the writ application, the further proceeding is yet to commence.

(3.) ACCORDINGLY , we quash the impugned letter of the Collector under Annexure -2. However, we make it clear that if any competent authority duly authorized under law is of the opinion that there has been mis -appropriation, mis -management or illegalities committed by either the petitioner or the opposite party No. 3, it is open to it to take action in accordance with law and this order quashing the direction of the Collector in Annexure -2 will not be an impediment in such action.