SAMSUL HAQUE Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE writ jurisdiction of this Court has been sought to be invoked to interfere with the order dated 13. 09. 2006, passed by the District Deputy Registrar of Co-operative Societies, Barpeta, determining Balikuri Bazar to be the headquarter of Paschim Jania Samabay Samity (hereafter referred to as the 'samity'), so as to operate its Office-cum-Godown therefrom, instead of Kadong Mahammadpur.

(2.) I have heard Mr. M. U. Mahmud, learned counsel for the petitioners and Mr. H. R. A. Choudhury, Senior Advocate for the respondent Nos. 7 to 30. Also heard Mr. B. C. Saikia, learned State counsel for the State respondents.

(3.) THE petitioners' account of facts discloses that the petitioner No. 1, is the elected Vice President of the Society and the competitioners are members thereof. The Society is a registered body under the Assam Co-operative Societies Act, 1949, (hereafter referred to as Act) and the Rules framed thereunder. Within its area of operation, there are 21 villages with 36 recorded agents. The river Beki divide the area into two parts. Whereas in the Eastern parts, there are 15 villages with 24 agents; in the Western part there are 6 villages with 12 agents. The office of the society is situated at village Kadong since its establishment. However, as river Beki posted continuous threats to the premises of the Society, its elected body on 28. 09. 1986 adopted a resolution in its general meeting to shift the Office to a nearby village, Mahammadpur. The meeting also resolved to construct a building on a plot of land at Mahammadpur village, in the meantime, purchased by the Society. Thereafter, a permanent construction for the Office and Godown of the Society was raised on the land measuring 1 Bigha covered by Dag No. 305, 308, 307 and included in Patta No. 138 purchased from one Barun Chandra Mitra of village Mohammadpur vide Sale Deed No. 2839/86. The Society since then started functioning therefrom with its Office and godown at Mahammadpur. It thereafter, purchased another plot of land measuring 3k 4l on 10. 02. 2000 by a registered Sale Deed at the same place. While the it was thus operational at Mahammadpur, some persons impressed upon the then Assistant Registrar of Co-operative Societies, Barpeta for shifting Office-cum-Godown of the Society to Balikuri Bazar on vested interest. Accordingly, the said authority on 24. 10. 1994, directed the shifting of the Office-cum-Godown of the Society to Balikuri Bazar from village Mahammadpur. Being aggrieved, two members of the Society approached this Court with C. R. No. 4692 of 1994, challenging the said order. By order dated 25. 11. 1994, the decision was stayed. The petition was listed for admission on 31. 03. 1997. However, as none on behalf of the petitioner was present, it was dismissed for non-prosecution and the interim order was vacated. According to the petitioner, however, even thereafter, the Office-cum-Godown of the Society continued to function from village Mohammadpur till today. By the impugned order dated 13. 9. 2006, again it has been directed to operate from Balikuri Bazar. The petitioners have asserted that not only the impugned order is in violation of the provisions of the Act and the Rules, it is neither in the interest of members of the Society as a whole, nor is desired by them. The official respondents have not filed any counter. The respondent Nos. 7 to 30 in their affidavit, have averred that the registered address of the Society is at Village No. 1 Rasulpur near Balikuri Bazar, wherefrom it has been functioning from its inception. According to them, within the area of operation of the Society, there are 21 villages with 47 agents under 4 Gaon Panchayats, namely, i) Janata G. P. , ii) Sonapur Rubi G. P. , iii) Gobindapur G. P. and iv) Kadang G. P. The River Beki devides the area into three Parts as follows :