Orissa High Court
Lutheran Mahila Samity vs State Of Odisha & Others .... Opposite ... on 28 March, 2024
Author: R.K. Pattanaik
Bench: R.K. Pattanaik
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.37883 of 2023
Lutheran Mahila Samity .... Petitioner
Ms. Deepali Mahapatra, Advocate
-Versus-
State of Odisha & Others .... Opposite Parties
Mr. D.K. Behera, ASC
Mr. S. Biswal, Advocate for Intervenor
CORAM:
MR. JUSTICE R.K. PATTANAIK
ORDER
28.03.2024 Order No.
07. 1. Heard Ms. Mahapatra, learned counsel for the petitioner, Mr. Behera, learned ASC for the State and Mr. Biswal, learned counsel for intervenor.
2. Instant writ petition is filed by the petitioner challenging the impugned order dated 12th July, 2023 under Annexure-9 passed by opposite party No.3 while disposing of Misc. Case No.01 of 2022 pursuant to the Court's orders in W.P.(C) Nos. 21874 and 23534 of 2021.
3. Ms. Mahapatra, learned counsel for petitioner submits that there has been an interim arrangement to look after the management of the organization, namely, Lutheran Mahila Samity but the proceeding was disposed of on the premise that the authority concerned, namely, opposite party No.3 is having no jurisdiction for approval of its Managing Committee and matters Page 1 of 3 connected therewith. It is further submitted that the response of the State from the counter affidavit filed through opposite party No.3 reveals that opposite party No.3 instead have the jurisdiction to consider the same he being the Additional Registrar of the Societies.
4. The objection of Mr. Biswal, learned counsel for intervenor is noted down.
5. Since the proceeding in Misc. Case No.01 of 2022 was disposed of with an order under Annexure-10 and with a decision that opposite party No.3 lacked jurisdiction for approval of the Managing Committee of the petitioner which has been clarified by the State in its counter affidavit, the subject matter in dispute needs a fresh adjudication by opposite party No.3. In other words, since opposite party No.3 being the Additional Registrar of the Societies, in view of the reply of the State with the counter affidavit on record that he has jurisdiction instead, the Court is of the conclusion that it should be looked into with an order on merit with the participation of both the sides as the same would serve the purpose and meet the ends of justice.
6. Hence, it is ordered.
7. In the result, the writ petition stands allowed. Consequently, the impugned order dated 12th July, 2023 under Annexure-9 is set aside to the extent as aforesaid without disturbing the interim management of the society. It is further directed that opposite party No.3 shall consider the matter providing an opportunity of hearing to petitioner as well as intervenor and to take the decision on merit vis-à-vis the approval of the Managing Page 2 of 3 Committee of the society at the earliest preferably within six weeks from today.
8. Urgent certified copy of this order be issued as per rules.
(R.K. Pattanaik) Judge Tudu Signature Not Verified Digitally Signed Signed by: THAKURDAS TUDU Page 3 of 3 Designation: Sr. Stenographer Reason: Authentication Location: OHC,CTC Date: 02-Apr-2024 11:05:45