Orissa High Court
Salgadia Happy And Holy Home vs Union Of India & Ors. .... Opposite ... on 7 May, 2024
Author: S.K. Panigrahi
Bench: S.K. Panigrahi
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.10671 of 2024
Salgadia Happy and Holy Home .... Petitioner
Society, Bhubaneswar
Represented By Adv.
Dr. S. Ranjit
-versus-
Union of India & Ors. .... Opposite Parties
Represented By CGC
Mr. Biswajit Maharan
CORAM:
DR. JUSTICE S.K. PANIGRAHI
ORDER
Order 07.05.2024 No.
01. 1. This matter is taken up through hybrid arrangement.
2. The Petitioner has filed this Writ Petition seeking a direction from this Court to the Secretary, Ministry of Home Affairs, Government of India Foreigners Division (FCRA Wing), (Monitoring Unit), MDC/Opposite Party No.1 to consider and dispose of the representation dated 28.03.2024 of the Petitioner with respect of renewal of FCRA certificate being placed under Annexure-11. Page 1 of 4
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3. Heard learned counsel for the Parties.
4. Learned counsel for the Petitioner submits that the Petitioner/Salgadia Happy and Holy Home Society is a charitable society registered under the West Bengal Society Registration Act, 1961. It has been working primarily for the upliftment of the educationally lesser privileged children for their health and education from the elementary education to college, university etc.
5. He further submits that the Petitioner has been filing FC Annual Returns regularly without fail till date except for the block year 2019-2020, which resulted in the refusal to renewal of the FCRA registration certificate of the present Petitioner. The Petitioner could not make the final submission of the Annual Return for the year 2019-2020 as the Petitioner is liable to pay Rs.14,78,227/- for the delayed uploading. Since it was a huge amount, the Petitioner could not arrange the money immediately and the banking system did not allow to transact such amount at a time. Hence, the Petitioner could not pay the said amount in time. In the meantime, the said refusal order was intimated to the Petitioner and finally the Page 2 of 4 // 3 // Petitioner was able to arrange the penalty amount and paid to the concerned department.
6. He further submits that due to refusal of the renewal application, it is unable to receive the foreign contribution for their educational programmes which promotes the education of thousands of students. Hence, the Petitioner approached the Ministry of Home Affairs, Foreigners Division (FCRA Wing), New Delhi by way of Revision Application and the Application for Revision of Order under Section 32, FCRA 2010 is still pending with the Opposite Party No.1/Union of India. Hence, the Petitioner is constrained to approach this Court for redressal of his grievance.
7. Learned counsel for the Opposite Party No.1/Union of India submits that the Application for Revision of Order under Section 32, FCRA 2010 shall be disposed of within a reasonable time.
8. Considering the facts and submissions made and after perusing all the materials on record, the Opposite Party No.1/Union of India shall dispose of the Application for Page 3 of 4 // 4 // Revision of Order under Section 32, FCRA 2010 by 30th June, 2024, if the same is not disposed of in the meantime.
9. Accordingly, the Writ Petition is disposed of.
(Dr. S.K. Panigrahi) Judge Sumitra Signature Not Verified Digitally Signed Signed by: SUMITRA NAYAK Designation: Jr. Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 07-May-2024 17:49:31 Page 4 of 4