Orissa High Court
Kendriya Vihar Apartment vs I.G.R.-Cum-Registrar Of on 24 December, 2024
IN THE HIGH COURT OF ORISSA, CUTTACK
W.P.(C) No.30447 of 2023
Kendriya Vihar Apartment
Owners' Association Phase-II,
Khurda and another ....... Petitioners
-Versus-
I.G.R.-cum-Registrar of
Societies, Odisha and others ....... Opp. Parties
For Petitioners : Mr. G. Mishra,
Sr. Advocate, Assisted by
Mr. A.K. Dash, Advocate
For Opp. Party No.2 : Dr. R. Mohanty, Authorized
Representative of O.P. No.2
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CORAM: JUSTICE SANJAY KUMAR MISHRA
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Date of Judgment: 24.12.2024
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S.K. Mishra, J.
1. This Writ Petition has been preferred by the Petitioner-Association, for quashing of the order dated 17.08.2023 passed by the Inspector General of Registration, W.P.(C) No.30447 of 2023 Page 1 of 46 Odisha, shortly, 'IGR', vide which the registration of the Petitioner's Association has been cancelled.
2. The factual matrix of the case is that, the Central Government Employee Welfare Housing Organisation, in short, 'CGEWHO', initiated a housing project at Mouza- Beguniabarehi, P.S.-Tamando, Bhubaneswar in the year 2007, which was to be completed in two phases. Phase-I (comprising of 256 flats) was completed in the year 2013 and the respective allotees constituted a Society by the name and style of "Kendriya Vihar Resident Welfare Association", shortly hereinafter, 'Opposite Party-Association', bearing Regd No. 2134-19 dated 17.05.2016. Phase- II (Comprising of 240 flats) was completed in the year 2019 and the respective allotees formed another Society under the name and style of "Kendriya Vihar Apartment Owners' Association Phase-II (KV AOA-II) i.e. Petitioner's Association, and the same was also registered with the Odisha Real Estate Regulatory Authority, shortly, 'ORERA', vide Registration No.206/18202000014 of 2020-21 dated 13.07.2020.
A dispute arose between the two Associations, when the Opposite-Party- Association requested the Opposite W.P.(C) No.30447 of 2023 Page 2 of 46 Party No.1 to cancel the registration of the Petitioner- Association vide letters dated 16.08.2020 and 02.09.2022 on the grounds that Phase-I and Phase-II of the residential complex share common boundaries with no clear demarcation so also the names of both the Associations are mischievously similar in violation of Section 3A of the Societies Registration Act, 1860, in short, 'The Act, 1860'. Show cause notice was also issued to the Petitioner-Association on 25.01.2023 and a detailed reply was submitted by the Petitioner No.2. But the Opposite Party No.1, without considering the same and in a display of gross arbitrariness and complete non-application of mind, ordered the cancelation of the registration of the Petitioner-Association vide order dated 09.02.2023 mainly on the ground that the address furnished by the Petitioner- Association in its Memorandum suggests it to be at 'Bengunbarehi, Khurda, Pin Code- 751028', which is also the address of Opposite Party-Association and this amounted to deliberate misrepresentation of facts by the members of Petitioner-Association. The Petitioner challenged the said order before this Court vide W.P.(C) No.5281 of 2023 and the same was disposed of by this Court quashing the order dated W.P.(C) No.30447 of 2023 Page 3 of 46 09.02.2023 and directing the IGR (Opposite Party No.1) to consider the matter afresh and pass an order after hearing the relevant parties.
The coordinate Bench, while dealing with W.P.(C) No.5281 of 2023, observed that it is ascertained from the Form-B application dated 18.11.2019 filed by the Petitioner for separate registration of Phase-II under the RERA Act, 2016 that several plots within the limits of Janla having PIN Code- 752054 were mentioned, whereas, address of Petitioner- Society, as per its Registration Certificate dated 13.07.2020, to be having PIN Code-751028. The coordinate Bench was of the view that no inquiry had been made regarding the issue of misrepresentation of address before cancellation of the registration of Petitioner-Society. Accordingly, the impugned order dated 09.02.2023, cancelling the registration of the Petitioner's Society, was set aside on the said ground without further adjudicating whether commonality found by the impugned order would prevent separate registration of the Societies.
Pursuant to the directions of this Court, both the parties appeared before the IGR (Opposite Party No.1) and W.P.(C) No.30447 of 2023 Page 4 of 46 filed their respective submissions along with all the relevant documents. However, the IGR, vide order dated 17.08.2023, again cancelled the registration of the Petitioner-Association on the ground of deliberate misrepresentation of facts and closely resembling the Opposite Party- Association in name. Hence, this writ petition.
3. The said order passed by the IGR has been challenged mainly on the grounds that, though the names of both the Associations are different on the face of it, the IGR failed to consider the fact that merely sharing the term 'Kendriya Vihar' in their names does not make the two Associations identical. Apart from the same, the presence of the term Phase-II in the name of the Petitioner-Association definitively differentiates it from the Opposite Party- Association, as it makes it abundantly clear that the same has been constituted exclusively by the members of Phase-II Kendriya Vihar Housing Society. Further, the term 'Kendriya Vihar', being a generic term, is used for several housing projects of CGEWHO across the country. Thus, no single Society/ Association can claim exclusivity over the said term W.P.(C) No.30447 of 2023 Page 5 of 46 and mere usage of the said term by another Association would not make their names identical.
A ground has also been urged by the Petitioner- Association that, there is no bar under law against the formation and registration of separate Societies/ Associations for different phases of the same residential complex in terms of Section 3 of the RERA Act, 2016, which categorizes every individual phase of a residential complex to be a standalone project, separate from the other phases. Since Phase-II of Kendriya Vihar Housing Society has been registered under the RERA Act, 2016, it has to be considered as a distinct project from Phase-I, which has not been registered under the said Act, 2016. Thus, both the Associations are to be construed as separate real estate projects in the interest of justice.
A further ground has been taken by the Petitioner- Association that, the validity of the Petitioner-Association has already been established by the Odisha Real Estate Regulatory Authority (ORERA). However, the Opposite Party- Association filed Complaint Case No.119 of 2021 under Section 31 of the RERA Act, 2016 against the promoter and the builder of the residential complex as well as against the W.P.(C) No.30447 of 2023 Page 6 of 46 present Petitioner No.2 and the same was disposed of by ORERA vide order dated 18.05.2023 holding the validity of formation of Petitioner-Association with an observation that two separate Societies can be formed for Phase-I and Phase-II of the same residential complex, which is binding on Opposite Party No.1. Thus, it is not open for the IGR to revisit the validity of the formation of the Petitioner-Association. Further, though the Order dated 18.05.2023 was brought to the notice of Opposite Party No.1 by the Petitioners vide their reply under Annexure-8, the Opposite Party No.1 (IGR) has completely ignored the said order so also no reference to the said order has also been made in the impugned order.
It is the case of the Petitioner-Association that, there are six separate registered Associations in the residential complex under the CGEWHO Project (Kendriya Vihar) at Khargar, Navi Mumbai. Thus, when six different societies can exist within the same residential complex under the same scheme, there is absolutely no impediment for the existence of the Petitioner-Association for Phase-II of the residential complex in Bhubaneswar.
W.P.(C) No.30447 of 2023 Page 7 of 46
Further, the observation of the Opposite Party No.1 that both the Associations are functioning in the same campus is incorrect, as the office of the Opposite Party- Association is functioning in the community centre, whereas the office of the Petitioner-Association is functioning from a building located in Phase-II of the residential complex.
No attempt was made by the Petitioner-Association to mislead or misrepresent the facts mentioning the address of the Association to be under the PIN Code No.751028, instead of 752054. As Tamando Branch Office was upgraded to Sub- Office with effect from 01.01.2018 and assigned with PIN Code No. 751028, Phase-II of the residential complex fell within the jurisdiction of Tamando S.O. Hence, the Petitioner-Association had submitted application for its registration mentioning the said PIN number, which was subsequently clarified by the Sr. Superintendent of Post Office, Bhubaneswar. Apart from the same, the Photographs under Annexure-12 also reveal that the offices of both the Associations are located in separate buildings and catering to the needs of the residents of their respective Phases.
W.P.(C) No.30447 of 2023 Page 8 of 46
It is also the case of the Petitioner that, the Opposite Party No.1 (IGR) failed to comply with the mandatory provision of Section 12-D of the Societies Registration Act, 1860, in terms of which the Petitioner-Association should have been given a chance to change the name of the Association, prior to taking the extreme step of cancellation of registration.
Moreover, due to the impugned order dated 17.08.2023, the day to day maintenance activities of all the residents of Phase-II has come to a grinding halt making them unable to use their hard earned money for maintenance purposes.
4. Being noticed, a common Counter Affidavit has been filed by the contesting Opposite Party Nos.2 & 3 opposing to the prayers made in the Writ Petition. It has been stated that the Petitioner Association, instead of applying to the ADM, Bhubaneswar-cum-Addl. Registrar of Societies, made an application to the Opposite Party No.1 (IGR) misrepresenting the fact that the Petitioner-Association operates throughout the State of Odisha and it is not a Society with deceptively similar name as that of Opposite W.P.(C) No.30447 of 2023 Page 9 of 46 Party-Association, operating in the same campus so also the fact that Petitioner is a mere Association of flat owners formed in connivance with certain officers of CGEWHO.
It is the stand of the Opposite Parties that, pursuant to the order dated 13.03.2023 passed by this Court in W.P(C) No. 5281 of 2023, preferred by the Petitioner, the issue regarding PIN Code was inquired into and it was found that the delivery jurisdiction of Kendriya Vihar was changed from Mahura Post Office-752054 to Tamando Office- 751028, which is same for both the Petitioner-Association and the Opposite Party No.2-Association. Further, the Opposite Party No.1, being satisfied that the Petitioner-Association was registered contrary to the provisions of section 3A of Society Registration Act, cancelled its registration under section 12-D of Societies Registration Act,1860 (Odisha Amendment Act, 2012) vide order dated 17.08.2023 holding that the name of Petitioner-Association resembles the name of the Opposite Party-Association, being done with an intention of deceiving members of the existing Society so also the Registering Authority by misrepresentation of facts.
W.P.(C) No.30447 of 2023 Page 10 of 46
Further, the Petitioner Association failed to array the CGEWHO, the Promoter of Kendriya Vihar, as an essential party to the writ petition, in order to hide their corrupt practice of illegal construction creating common facilities, dividing the residents by creation of deceptively similar Association and making unjust enrichment from the project, selling car parking places as well as providing various amenities to Phase-II at the cost of the Opposite Party- Association.
It is also the stand of the Opposite Parties that, the Promoter of the CGEWHO obtained a single plan approval from Bhubaneswar Development Authority, shortly, 'BDA', vide Order dated 31.3.2008 to construct 496 dwelling units in 31 Nos of S+4 towers comprising 32 nos. of Type-A flats, 224 nos. of Type-B, 128 nos. of Type-C and 112 nos. of Type-D flats over 10.136 acres of land at Begunia Barehi on the outskirts of Bhubaneswar. Further, during the construction of both the Phases, the CGEWHO issued separate 'Technical Brochures' for Phase-I and Phase-II allottees containing the conditions that, on completion of Phase-I of the project, the allottees would form and register one Association i.e. Opposite W.P.(C) No.30447 of 2023 Page 11 of 46 Party-Association. Subsequently, on completion of Phase-II, all members of Phase-II shall automatically become member of the existing Association of the Opposite Party No.2 to form a new Governing Body to manage entire affairs of the housing project, named as Kendriya Vihar.
It is also the stand of the Opposite Parties that, as per Section 14(4) of Odisha Apartment (Ownership and Management) Ordinance, 2023, there shall be a single Association of allottees in the project provided further that in every such case, where separate Associations are proposed to be formed, the Promoter shall delineate clearly separate common areas and facilities for each such Association. However, in the Kendriya Vihar Project, Bhubaneswar there has been no separate common areas/facilities for two different Phases, constructed by common approval order of BDA. As both the Phases have single common facilities so also having no demarcation of the entire land of 10.136 acres between the Phases to seek separate registration before the Opposite Party No.1, formation of two Associations of allottees in the same project is bad in law.
W.P.(C) No.30447 of 2023 Page 12 of 46
Further, it is evident from the letter of ADM, Bhubaneswar dated 29.06.2020, addressed to IGR, Odisha that the Petitioner had applied for registration of their Association as a State Level Registration even though the Petitioner-Association has no State wide activities, which establishes that though the Petitioner is a mere Association of flat owners, it had provided misleading information to the IGR, Odisha while applying for the said registration.
It is further stand of the Opposite Parties that, though condition no. 30 of the BDA's Plan approval provides that the common stilt parking and other common space shall not be partitioned or sold out, the Developer, in connivance with the Petitioner-Association, has constructed an office space in the stilt area of Tower D4 violating the said condition of the plan approval and the same had also been suppressed by the Petitioner while applying for registration of their Association before the IGR.
Further, the Opposite Parties, denying the averments made in the writ petition, have stated that the Kendriya Vihar Project at Kharghar, Mumbai, being single phase project, has no similarities with the Kendriya Vihar, W.P.(C) No.30447 of 2023 Page 13 of 46 Bhubaneswar. Further, though it is evident from the BDA approval that there was a single approval letter, in the RERA order dated 18.05.2023 it has been incorrectly mentioned about two separate plan approvals for Phase-I and Phase-II so also the registration of Phase-II as a standalone project with the ORERA Authority. It is a matter of dispute in the ORERA Case No. 83 of 2023, in which the ORERA Authority has observed serious irregularities vide an interim order dated 22.08.2023.
Moreover, as there is an alternative remedy available for the Petitioner-Association under Section 11 A of the Society Registration (Odisha Amendment) Act, 2021, the main dispute as to existence of two Associations in the same premises with deceptively similar names is not amenable for writ jurisdiction. The writ petition is not maintainable for non- joinder of CGEWHO, being a necessary party.
5. In addition to this, a further Additional Affidavit has also been filed by the Opposite Party Nos. 2 & 3, opposing to the prayer of the Petitioner Association, stating therein that the Petitioner, while applying for registration of its Association, furnished a false declaration that there is no W.P.(C) No.30447 of 2023 Page 14 of 46 other registered society with the above name in the same village, which is deliberate misrepresentation and suppression of facts, as the Opposite Party-Association, bearing similar name and same objective, existed in the same locality. It also frequently certified that there is no other registered Society/Association in the above name in Phase-II campus of Bhubaneswar-751028. It has been further stated that, by virtue of Odisha Apartment (Ownership and Management) Act, 2023, overriding all other statutes relating to the formation of Associations in the apartment in Orissa, the Petitioner's reliance on the ORERA order dated 18.05.2023 in Complaint Case No.119 of 2021 is devoid of merit so also in view of judgment dated 15.05.2024 passed by Odisha Real Estate Appellate Tribunal, the observation of ORERA is erroneous. Further, in AOCC No. 10 of 2021, the Adjudicating Authority, vide order dated 16.02.2022, also observed that there is no evidence of existence of two different phases in Kendriya Vihar.
6. In response to the same, the Petitioner Association has also filed an Additional Affidavit denying the stand of the Opposite Party-Association, stating therein that the said W.P.(C) No.30447 of 2023 Page 15 of 46 Association had filed the Complaint Case No.83 of 2023 before ORERA praying for cancellation of the registration certificate issued in favour of the Petitioner-Association which was dismissed by the ORERA Authority vide order dated 09.02.2024 and the registration of the Petitioner-Association remained validated. Further, the Adjudicating Officer, ORERA has confirmed only the grant of compensation vide order dated 18.07.2023 without considering anything regarding the validity of the formation and functioning of the Petitioner- Association. The Adjudicating Officer, in A.O.C.C No. 10 of 2021, is not entitled to determine any question other than compensation, as has been clarified by the Real Estate Appellate Tribunal, Bhubaneswar. Thus, the single line observation by the Adjudicating Officer regarding separation of projects of both the Phases, having no value, stands automatically repealed.
7. Learned Senior Counsel for the Petitioner, reiterating the facts stated in the writ petition so also drawing attention of this Court to the errors in the impugned order, submitted that the observation of the IGR (Opposite Party No.1) as to functioning of both the Associations in the same W.P.(C) No.30447 of 2023 Page 16 of 46 campus is incorrect, as the Opposite Party- Association is functioning in the Community Centre, whereas the Office of the Petitioner-Association is functioning from a building located in Phase-II of the residential complex as clarified from the Photographs of the residential complex under Annexure-
12. Further, both the Associations, being catered to different phases, do not overlap the area of operation of each other, as it is evident from the letter of BDO, Bhubaneswar, dated 29.02.2020, addressed to Addl. District Magistrate, Bhubaneswar, which indicates that the Petitioner-Association is functioning at Kendriya Vihar Phase-II and there is no other organization of the same name at the same place.
8. Learned Senior Counsel for the Petitioner, relying on the Judgment of Delhi High Court in Pritam Singh Vs. Registrar of Firm and Society and Another, reported in 2015 SCC OnLine Del 8732, submitted that as there is absolutely no bar under law against the formation and registration of separate Societies/Associations for different Phases of the same residential complex, the cancellation of the registration of the Petitioner-Association on the ground that it is functioning/operating in the same premises, as that W.P.(C) No.30447 of 2023 Page 17 of 46 of the Opposite Party-Association, being illegal, warrants interference of this Court.
9. Learned Senior Counsel for the Petitioner, drawing attention of this Court to the documents appended as Annexure-11, submitted that since there are six separate registered Associations in the residential complex under CGEWHO Project (Kendriya Vihar) at Kharghar, Navi Mumbai, there is absolutely no impediment for the existence of the Petitioner-Association for Phase-II of the residential complex in Bhubaneswar.
10. Further, drawing attention this Court to the provisions under Section 3 of the RERA Act, 2016, learned Senior Counsel for the Petitioner submitted that since Phase-I and Phase-II of Kendriya Vihar Residential Society, Bhubaneswar have been clarified by law to be separate real estate projects, it is reasonable and expedient in the interest of justice to have two separate Societies/Associations for governing the affairs of each of the two phases so also it is clarified from the provision of Section 14(5) of the Odisha Apartment (Ownership and Management) Act, 2023 that where there are multiple phases in a building/residential W.P.(C) No.30447 of 2023 Page 18 of 46 complex/project, there has to be a separate Association for the allottees of each of the phase/project and the Association of one Phase/Project cannot represent the allottees of another Phase.
11. Learned Senior Counsel for the Petitioner further submitted that the entire case of the Opposite Party Association is relied on the point mentioned in the Technical Brochures floated by the CGEWHO that, after the completion of Phase-I of the Project, allottees would form and register an Association so also after the completion of Phase-II, allottees of the said Phase would automatically become members of the previous Association. However, a brochure is merely in the nature of a prospectus or an advertisement without having legal enforceability. If the contents of the same overrides the statutory provisions dealing with the same issue, that would be in violation of Section 23 of Indian Contract Act, 1872. Further, the brochures had been issued prior to the introduction of the RERA, 2016. After enactment of the RERA Act, 2016, Phase-II of Kendriya Vihar automatically and mandatorily became a separate real estate project. Thus, formation of a separate Association is mandatorily required for W.P.(C) No.30447 of 2023 Page 19 of 46 managing the affairs of Phase-II, which has also been mandated by the provisions of the Odisha Apartment (Ownership and Management) Act, 2023. Hence, the Phase-II of Kendriya Vihar has to be treated as a separate project from Phase-I so also a separate Association has to be formed to manage the affairs of Phase-II and the formation of the Petitioner-Association is completely legal and valid.
12. The Opposite-Party Association, instead of engaging a Counsel, authorized the former President of the Association namely, Dr. R.N. Mohanty, to represent the Opposite Party No.2 & 3 and to argue on their behalf. Mr. Mohanty submitted that the present writ petition is the second one preferred by the Petitioner Association on the selfsame issue challenging the order dated 17.08.2023 passed by the IGR who acted in conformity with the order passed by this Court vide order dated 13.03.2023 in W.P.(C) No.5281 of 2023. The Opposite Party No.1 conducted de-novo inquiry into all the relevant records, including the issue regarding PIN Code. Only after being convinced as to the registration of the Petitioner-Association to be contrary to the provisions of Section 3A of Society Registration Act, it cancelled the W.P.(C) No.30447 of 2023 Page 20 of 46 registration of Petitioner-Association under Section 12-D of the Act, 1860 vide order dated 17.08.2023 with a conclusion that the Petitioner-Association got the Society registered by deceiving members of the existing Society i.e. Opposite Party- Association, as well as the Registering Authority by misrepresentation. Thus, the formation of a second Association in the Kendriya Vihar Bhubaneswar Project not only violates the conditions laid down in both the Technical Brochures issued by CGWEHO but also in violation of Section 14(4) of the Odisha Apartment (Ownership and Management) Act, 2023.
13. Mr. Mohanty, the Authorised Person for the Opposite Party Association, further submitted that CGEWHO purchased 10.136 acres of land from private land owners in Mouza Begunia Barehi, Bhubansewar through two sale deeds No. 11582 and 11594, both dated 11.06.2006. Thereafter, it floated Bhubaneswar Housing Scheme inviting applications from different category of people with defined prioritization. Allotment letters were issued to the successful candidates in March, 2007 demanding payment of 1st instalment and after one year of the pronouncement, CGEWHO obtained plan W.P.(C) No.30447 of 2023 Page 21 of 46 approval of the Project from the BDA for construction of 496 flats in 31 Nos S+4 Blocks vide letter dated 31.03.2008. Subsequently, through an Article of Agreement dated 22.10.2008 enforced between CGEWHO and the Contractor, CGEWHO decided to complete the project construction in two Phases i.e. Phase-I comprising 256 flats, including all of 32 Nos of 1-BHK (Type-A), 112 units of 2-BHK(Type-B), 64 units of 3-BHK (Type-C) and 48 units of 3-BHK + SR (Type-D), leaving remaining 240 units comprising only Type-B, Type-C and Type-D flats to be constructed during Phase-II. In addition to the same, all the amenities such as Entry/Exit Gate, Sewerage Treatment Plan, Gardens, Community Hall, Compound Wall are also common to both the Phases having no official demarcation of land between the parties. While the construction of the Phase-I was commenced from December, 2008, the Promoter-CGEWHO announced the construction of Phase-II in December, 2009 inviting applications for allotment of the remaining 240 units so also demanded payment of 1st instalment from the successful allottees of Phase-II vide letter dated 07.06.2010.
W.P.(C) No.30447 of 2023 Page 22 of 46
Further, the allottees of Phase-I formed the Opposite Party- Association in the name of Kendriya Vihar Residents Welfare Association registered on 17.05.2016 by the ADM-cum-Additional Registrar of Societies at Bhubaneswar. But the allottees of Phase-II managed to register the Petitioner-Association deceptively similar and contrary to law with the Opposite Party No. 1, suppressing the material facts, in violation of essential condition of amalgamation to form a single and integrated project of Kendriya Vihar so also in breach of the terms and conditions of the project.
Mr. Mohanty further submitted that, since both the phases of Kendriya Vihar Project are inseparable, having all common amenities and further there has been no demarcation of the entire land of 10.136 acres between the phases to seek separate registration before the IGR, formation of two Associations of allottees in the same project is bad in law.
14. Since the impugned order has been passed pursuant to order dated 13.03.2023 passed in W.P.(C) No.5281 of 2023, before dealing with issue, it would be apt to reproduce paragraph Nos.9 & 10 of the said order. W.P.(C) No.30447 of 2023 Page 23 of 46
"9. It appears from the form-B application dated 18th November, 2019, for registration under the Act of 2016 in respect of Phase-II that several plots were mentioned in it. All these plots were said to come within limit of post office Janla having pin code 752054. However, address of petitioners' Society, as per its certificate of registration dated 13th July, 2020 gives, inter alia, pin code to be 751028. There does not appear to be inquiry made regarding this, in the finding of misrepresentation of address given for cancellation of registration of the society of petitioners. In the circumstances, it is not necessary to delve further for adjudicating whether commonality found by impugned order would prevent separate registration of the societies.
10. There appears on the face of impugned order material irregularity, in omitting to consider the facts urged before it as available from the materials on record. In the circumstances, impugned order is set aside and quashed. Application of opposite party no.2, for cancellation of registration in respect of petitioners' society, is restored to the authority. Upon hearing given to petitioners and opposite party no.2, opposite party no.1 will pass fresh order, to dispose of the application."
(Emphasis supplied)
15. Similarly, before dealing with the points urged by the parties, it would be apt to extract below the relevant paragraphs of the impugned order dated 17.08.2023 passed by the I.G.R., Odisha-cum-Registrar of Societies.
"17.08.2023 XXXX XXXX XXXX As per the Judgment of Hon'ble High Court, Odisha, hearing was made, petitioner (KVAOA-II) W.P.(C) No.30447 of 2023 Page 24 of 46 and opposite party no.2 (KVRWA) on 25.05.2023. Both the association were asked vide letter No.XVII-158/2021-2395, dated 01.06.2023 to submit their Notes of Submission. Further on perusal of the documents available on record, field enquiry report of the Dy. IGR, upon hearing and notes of submission of both the associations, it was found that: Both the associations KVRWA and KVAOA-II are functioning in the same premises. KVRWA was registered on 17.05.2016 much earlier to KVAOA-II which was registered on 15.07.2020. However, the application for registration of KVAOA-II stated that there is no other Registered Society with the above name in the same locality. The issue raised in the Judgment of Hon'ble High Court regarding PIN Code was inquired into and found that the delivery jurisdiction of Kendriya Vihar was changed from Mahura Post Office-752054 to Tamando Post Office-751028 by the Department of Post, Bhubaneswar Division vide their notification No.G-1/Ch-IOV/09, dated 15.10.2019. This establishes that the present postal PIN Code of both the associations is same and existence of KVAOA-II in a different locality with respect to KVRWA is incorrect. Contrary to the submission by the petitioner in the application for registration of KVAOA-II that the association office is operating at Community Center, the field inquiry report revealed that the office of KVAOA-II is functioning in the same campus. The Bye-laws of both KVRWA and KVAOA-II are almost similar and having same objective of managing the affairs of Kendriya Vihar Housing Society. In view of the above it is evidence that there was deliberate misrepresentation of facts while applying for the registration of KVAOA-II at State level.W.P.(C) No.30447 of 2023 Page 25 of 46
Section 3A of Societies Registration (Odisha Amendment) Act, 2012 states that "No Society shall be registered by a name which, in the opinion of the Registrar of Societies is undesirable, being a name identical with or, which in the opinion of the Registrar of Societies so nearly resembles the name by which any other existing society has been previously registered under this Act as to deceive the public or members of either society."
In the instant case both the societies bear the nomenclature identical with each other and are existing in the same campus. KVRWA was registered in the year 2016 which is a previously registered society under the Societies Registration Act, 1860 and KVAOA-II was registered in the year 2020 under the Societies Registration Act, 1860 with I.G.R, Odisha-cum- Registrar of Societies.
Now, in exercising the powers conferred under Section 12-D of Societies Registration Act, 1860 (Odisha Amendment, 2012) after being convinced that the registration in the name of Kendriya Vihar Apartment Owners Association-II which nearly resembles the name of previously registered Kendriya Vihar Residents Welfare Association was done with an intention of deceiving members of the existing society as well as registering authority by misrepresentation of facts, the registration of Kendriya Vihar Apartment Owners Association (KVAOA-II) bearing the registration no.206/18202000014 OF 2020-21 dated 13.7.2020 is hereby cancelled.
The case is disposed of as per order of the Hon'ble High Court dated 13.03.2023 is hereby complied with."
(Emphasis supplied) W.P.(C) No.30447 of 2023 Page 26 of 46
16. From the relevant portion of the impugned order, as extracted above, it is amply clear that the I.G.R cancelled the registration of the Petitioner Association on the following grounds
i) Both the Associations KVRWA and KVAOA-II are functioning in the same premises.
ii) KVRWA was registered on 17.05.2016 much earlier to KVAOA-II, which was registered on 13.07.2020. However, the application for registration of KVAOA-II stated that there is no other Registered Society with the above name in the same locality.
iii) Being directed by this Court and after inquiring into the matter, it is found that the delivery jurisdiction of Kendriya Vihar was changed from Mahura Post Office allotted with PIN Code-752054 to Tamando Post Office allotted with PIN Code-751028 by the Department of Post, Bhubaneswar Division vide their notification dated 15.10.2019, which establishes that the postal PIN Code of W.P.(C) No.30447 of 2023 Page 27 of 46 both the Associations is same and existence of KVAOA-II in a different locality with respect to KVRWA is incorrect.
iv) The submission made by the KVAOA-II in its application for registration that office of the Association is operating at Community Centre, is within the same campus.
v) Bye-laws of both KVRWA and KVAOA-II are almost similar and having same objective of managing the affairs of Kendriya Vihar Housing Society.
vi) There was a deliberate misrepresentation of facts while applying for the registration of KVAOA-II at State level.
With the said observation and referring to Section 3A of the Societies Registration (Odisha Amendment) Act, 2012, shortly, hereinafter "the Act, 2012" and exercising powers conferred under Section 12-D of the said Act, the registration in the name of KVAOA-II was cancelled with an observation that the said name nearly resembles the previously registered KVRWA and the same was done with an W.P.(C) No.30447 of 2023 Page 28 of 46 intention of deceiving members of the existing Society as well as registering Authority by misrepresentation of facts.
17. As in the impugned Order, there is a reference to Section 3A and Section 12-D of the Societies Registration Act, 1860 (Odisha Amendment, 2012), it would be apt to reproduce below the said legal provisions for ready reference.
"3-A. Prohibition against registration of societies with undesirable names.- No society shall be registered by a name which, in the opinion of the Registrar, is undesirable, being a name which is identical with, or which in the opinion of the Registrar, so nearly resembles the name by which any other existing society has been previously registered, as to be likely to deceive the public or members of either society .............."
(Emphasis supplied) "12-D. Registrar's power to cancel registration in certain circumstances.-
(1) Notwithstanding anything contained in this Act, the Registrar may, by order in writing, cancel the registration of any society on any of the following grounds, namely:-
(a) the registration of the society, or its name or change of name is contrary to the provisions of this Act or of any other law for the time being in force; or
(b) its activities or, proposes activities have been, or are subversive of the objects of the society or opposed to public policy; or
(c) the registration certificate has been obtained by misrepresentation of fact of fraud; or W.P.(C) No.30447 of 2023 Page 29 of 46
(d) the society fails to comply the direction issued under sub-section (4) of section 12-A:
Provided that no order of cancellation of registration of any society shall be passed until the society has been given a reasonable opportunity of altering its name or objects or of showing cause against the action proposed to be taken in regard to it."-
Orissa Act 6 of 2013, S.4 (w.e.f. 21-2-2013)"
(Emphasis supplied)
18. At this juncture, it would be appropriate to extract below the contents of the complaint dated 02.09.2022 made by the Opposite Party Association before the I.G.R., based on which the proceeding was initiated for cancellation of registration of the Petitioner Association.
"KENDRIYA VIHAR RESIDENTS WELFARE ASSOCIATION (KVRWA) Regd. No.2134-19/of 201-2017 E-mail: [email protected] Ref No.KVRWA/2021-23/ Dated:02.09.2022 BY MAIL/SPEED POST To The Inspector General of Registration Odisha 2nd Floor, Board of Revenue Building Chandichowk Cuttack-753002 Sub: Untold sufferings due to violation of section 3A of Societies Registration Act, 1860. Request urgent action regarding W.P.(C) No.30447 of 2023 Page 30 of 46 Ref :1. Registration of Kendriya Vihar Residents Welfare Association (KVRWA) under Regn. No.2134-19 of 2016-2017 dated 17.05.2016 with ADM, Bhubaneswar
2. Registration of Kendriya Vihar Apartment Owners Association Phase-II (KV AOA-II) under Regn. No. 206/18202000014 2020-2021 dated 13.7.2020 with I.GR., Cuttack.
Sir,
1. The Central Govt. Employees Welfare Housing Organisation (CGEWHO) has constructed 496 dwelling units in 31 towers after obtaining an approval from BD vide approval letter no.3035/BP/BDA/Bhubaneswar dated 31-3- 2008. For convenience of construction, the CGEWHO completed the construction in 2 phases. Although valid Completion Certificate from Competent Authority is yet to be obtained by CGEWHO. The Phase-I comprising 256 flats in 16 towers was completes in 2013 whereas the Phase-2 comprising 240 flats in 15 towers was completed in 2018.
2. As per the provisions laid by CGEWHO in form of Technical brochure the allottees of Phase-I formed an Association (KVRWA) which was registered on 17.05.2016 with ADM, Bhubaneswar as cited under Ref-1.
3. Secondly, as per the same provisions laid by CGEWHO in form of technical Brochure, the allottees of Phase-2 should have enrolled as members of the existing Association i.e. KVRWA as the entire Project construction has ONE entry, One STP, ONE Community Centre, ONE boundary wall and above all there is no demarcation of land for phase-1 or phase-2 separately.
4. However mischievously and manipulatively, the CGEWHO facilitated the Phase-2 allottees to form another separate Association in the name of Kendriya Vihar Apartment Owners Association Phase-II ( KV AOA- II) and got it registered with IGR, Cuttack as cited at Ref-2 above in complete violation of section 3A of Societies Registration Act, 1860 and its amendments which states 'No society shall be registered under a name which is identical with, or too nearly resembles, the name of any other society or any body corporate which has been previously registered or incorporated under this Act or any other law for the time being in force, as the case may be'.
W.P.(C) No.30447 of 2023 Page 31 of 46
5. We hereby submit that since the time the second Association is registered with IGR, Cuttack in the same premise for the same objective, there has been recurring problems and difference in management of overall affairs particularly management of common facilities e.g. STP, Main Gate entry exit, repair of common boundary wall etc. Regularly there are difference of opinions and even verbal duels among the persons engaged for maintenance activities. In such a situation, there are security breaches causing unauthorized entries by outsiders. Even till date, we could not have been able to introduce Gate management system due to differences of opinions by two managements. Extreme case happened on 30.08.2022 when some person from Phase-2 broke open the lock of community centre which is under complete control of KVRWA since 2015. Police has to intervene and the matter has not been resolved yet. All these untoward incidents are happening only because of CGEWHO facilitated Phase-2 allottees to form a separate Association (KV AOA II) and registered with IGR, Cuttack. It will not be out of place to mention that initially, the Phase-2 allottees had approached ADM cum Additional Registrar of Societies, Bhubaneswar for registration to which the ADM rightfully had declined in view of contradiction with section 3A of SRA Act, 1860.
6. Anticipating such trouble and inconvenience, KVRWA had requested your good office to kindly review the registration of KV AOA-II earlier. Additionally, a group of allottees had also submitted a memorandum before you on 16.8.2020 exhaustively detailing the ground situation (enclosed for reference).
7. Sir, the allottees staying inside the campus are predominantly senior citizens and such troubles are disturbing peace and tranquility of the campus.
8. We therefore sincerely request you to kindly make an on- the-spot analysis and cancel the registration of KV AOA-II till separate boundary wall with separate facilities are made by CGEWHO for Phase-2 allottees.
Anticipating an urgent action in this regard". Encl - As above W.P.(C) No.30447 of 2023 Page 32 of 46 Sincerely yours Sd/-
(D.K. Behera) Secretary, KVRWA (Emphasis supplied)
19. From the pleadings so also submission made by the learned Counsel for the parties and the complaint made by the Opposite Party Association, the contents of which have been extracted above, it is amply clear that the main dispute and differences between the Petitioner-Association and the Opposite Party-Association is regarding formation of two Associations pertaining to the same project i.e. Kendriya Vihar Project, as in Clause 2.1 of the Technical Brochure of the Phase-I it has been mentioned that the project is being undertaken in two phases. Phase-I is consisting of 256 DUs and after completion of Phase-II, the whole complex shall be amalgamated as one.
However, so far as the present lis is concerned, this Court is to examine as to whether the I.G.R was justified to cancel the registration of the Petitioner Association on the grounds urged in the impugned order.
So far as the observation made by the I.G.R that both the Societies beyond the nomenclature are identical with W.P.(C) No.30447 of 2023 Page 33 of 46 each other, on a cursory glance at the names reveals that they are different on the face of it. The Petitioner Association's name is "Kendriya Vihar Apartment Owners' Association Phase-II (KV AOA-II), whereas the name of the Opposite Party Association is "Kendriya Vihar Resident Welfare Association". When the names of the Associations consist of categorically different terms like "Resident Welfare Association" and "Apartment Owners' Association Phase-II", by no reasonable stretch of imagination, the said two names can be said to be identical or even remotely resembling each other. Merely sharing the terms of "Kendriya Vihar" in their names, does not make the two Associations identical. The presence of the term "Phase-II" in the name of the Petitioner-Association indisputably differentiates it from the Opposite Party Association, as it makes it abundantly clear that the same has been constituted exclusively by the members of Phase-II Kendriya Vihar Housing Society. On the other hand, the Opposite Party-Association consists exclusively of the members of Phase-I and admittedly the said Association had been constituted long before the completion of the Phase-II and handing over of the flats.
W.P.(C) No.30447 of 2023 Page 34 of 46
Apart from the same, as is revealed from the pleadings and documents on record, "Kendriya Vihar" is a generic term and is used for several housing projects of CGEWHO across the country. This Court is of the view that no single Society/Association can claim exclusivity over the said term and mere usage of the said term by any Association would not make their names identical.
20. So far as functioning of both the Associations in the same premises/residential complex, admittedly, the Real Estate (Regulation and Development) Act, 2016, shortly, hereinafter 'RERA", came into force after completion of Phase-I of Kendriya Vihar Housing Society. Hence, in terms of Section 3 of the said Act, 2016, the builder i.e. CGEWHO, was bound to obtain registration under the said Act, 2016 for construction of Phase-II of Kendriya Vihar Housing Society. At this point, it would be apt to reproduce below the explanation to Section 3 under RERA Act, 2016.
"Section 3-............
Explanation.- For the purpose of this section, where the real estate project is to be developed in phases, every such phase shall be considered a stand alone real estate project, and the promoter shall obtain registration under this Act for each phase separately."
(Emphasis Supplied) W.P.(C) No.30447 of 2023 Page 35 of 46
21. Hence, this Court is of the view that in view of the said provisions under the RERA Act, 2016, Phase-I and Phase-II of Kendriya Vihar Residential Society, Bhubaneswar are to be construed as separate real estate projects. It was reasonable and expedient in the interest of justice to have two separate Societies/Associations for governing the affairs of each of the two phases. Registration of the Petitioner Association for Phase-II of the residential complex is not barred under any provision of law.
22. That apart, as is evident from the order dated 18.05.2023 passed by RERA Authority in Complaint Case No.119 of 2021, a complaint was made by the Opposite Party Association regarding transfer of common area in favour of the Opposite Party Association notifying percentage of interest of each flat owner, to refund the amount collected from the allottees against stilt parking, to create two separate campus identified by boundary wall for Phase-I and another for Phase-II of the project and to provide separate gate, separate STP and separate common facilities to each Phase. While dealing with the said complaint, the Odisha Real Estate Regulatory Authority passed the said order directing the W.P.(C) No.30447 of 2023 Page 36 of 46 Respondents to provide separate entry and exist, separate community hall and separate amenities in terms of the agreement to Phase-I and Phase-II of the project separately within a period of six months, to transfer the common area of each Phase separately in favour of the concerned Association and to hand over the management thereof separately. However, while dealing with the said complaint made by the present Opposite Party Association, the RERA Authority observed as follows:-
"XXXXX XXXXX XXXXX So it is amply clear that two societies can be formed, one for phase-I and another for phase-II in the same project. The formation of association and registration thereof, is valid in view of the decision of the Hon'ble High Court, but subject to decision to be taken relating to cancellation by the IGR-cum-Registrar of Societies. In our humble opinion, formation of society for phase-II does not violate the terms of agreement, provided the promoter makes separate provision for amenities for both the phases separately. This issue is answered accordingly.
XXXXX XXXXX XXXXX Even if, there is certain clauses contrary to this, still the same will be considered as illegal in view of the provision of the Real Estate (Regulation and Development) Act, 2016, which categories the construction of a separate phase as a "stand- alone real estate project". In that view of the matter, we are of the considered view that the promoter/respondent is responsible to provide all amenities i.e. separate entry and exit and separate community hall to both the phases separately. In case any of the W.P.(C) No.30447 of 2023 Page 37 of 46 amenity, is found inseparable, then it will be managed by both the association jointly.
XXXXX XXXXX XXXXX The complainant wants to retain the management with regard to amenities available now in phase- I. Though his claim relating to declaration of phase-II association as illegal, is not accepted, still he can maintain the relief regarding retaining of common area. To this extent, the complainant can be provided the relief which is a part of the relief sought for in the complaint petition. These issues are answered accordingly. Hence, it is ordered".
(Emphasis supplied)
23. During hearing, Mr. Mohanty, the authorized person of the Opposite Party Association made a submission before this Court that the Opposite Party Association has already moved appropriate application before the RERA for implementation/execution of the said order.
24. So far as issue regarding PIN Code, the impugned order indicates that being directed by this Court, an inquiry being made with regard to PIN Code, it was ascertained that the Department of Post, Bhubaneswar Division, vide its notification dated 15.10.2019, changed the delivery jurisdiction of Kendriya Vihar from Mahura Post Office, having PIN Code-752054 to Tamando Post Office, having PIN Code- 751028. Admittedly, when the Opposite Party Association applied for its registration before the I.G.R., the PIN Code of W.P.(C) No.30447 of 2023 Page 38 of 46 the Kendriya Vihar was '752054', whereas when the present Petitioner-Association applied for its registration, delivery jurisdiction of Kendriya Vihar had already been changed to Tamando Post Office having PIN Code-751028. Hence, this Court is of the view that such an information furnished by the Petitioner Association in its application regarding its PIN Code to be '751028', allegedly to give an impression that its existence is in a different locality and amounts to misrepresentation of facts, is incorrect.
25. So far as the view taken by I.G.R. that bye-laws of both the Associations are almost similar and having same object of managing the affairs of Kendriya Vihar Housing Society and such a point comes under the ambit of misrepresentation of facts, on perusal of bye-laws of both the Associations, which have been appended to the Writ Petition, it is revealed that both the bye-laws are different as to the terms and conditions regarding eligibility of members, procedures for grant of membership, removal of membership etc. and such observation of the I.G.R., being contrary to the contents of the bye-laws of both the Associations, is perverse W.P.(C) No.30447 of 2023 Page 39 of 46 and such observation of the I.G.R., cannot be brought under the mischief of "deliberate mis-representation of facts".
26. So far as findings regarding resemblance of names of both the Associations so also doing so with an intention to deceiving members of the existing Society as well as the Registering Authority, as would be evident from the record so also bye-laws of both the Societies, the alleged intention of deceiving members of the Opposite Party Association as well as misrepresentation of facts before the Registering Authority, it is amply clear from clause-7 of the bye-laws of Petitioner- Association that a person who owns an apartment and has taken possession of it in Kendriya Vihar Phase-II, Begunia Barehi, Bhubaneswar-751028 and has executed respective declarations pursuant to the bye-laws and in consonance with the provisions of Orissa Apartment Ownership Rules, 1982 and is competent to contract as per the Indian Contract Act, 1872, is eligible to be a member of the said Association. Clause 7 under the heading "Eligibility Conditions for membership of the bye-laws of the Petitioner Association" is extracted below, for ready reference.
W.P.(C) No.30447 of 2023 Page 40 of 46
"Eligibility Conditions for Membership
7. A person to be a member of the Association shall satisfy the following eligibility conditions:
(i) He/She who owns an apartment and has taken possession of it in Kendriya Vihar Phase II, Begunia Barehi, Bhubaneswar-
751028 and has executed respective declarations pursuant to the Bye-laws and in consonance with the provisions of Orissa Apartment Ownership Act, 1982;
(ii) He/She who is competent to contract as per Indian Contract Act, 1872;"
(Emphasis supplied)
27. So far as Opposite Party Association is concerned, as per clause-5(iii) of its bye-laws, every person, who owns an apartment in Kendriya Vihar, Begunia Barehi, Bhubaneswar- 752054 and has executed respective declarations pursuant to the said bye-laws and in consonance with the provisions of Odisha Apartment Act, 1982, shall be a member of the said Association.
28. Admittedly, as on the date of Registration of Opposite Party Association, the RERA Act, 2016 had not come into effect. Explanation under section 3 of the said Act, 2016 mandates that where the real estate project is to be developed in phases, every such Phase shall be considered as a stand alone real estate project and the Promoter shall obtain W.P.(C) No.30447 of 2023 Page 41 of 46 registration under the said Act, 2016 for each Phase separately. Hence, this Court is of the view that the Petitioner Association, under the changed circumstances so also in view of the applicability of RERA Act, 2016, was justified to apply to the I.G.R. for its registration under the Act, 1860 and after due verification, it's application got allowed and it was registered under the said Act, 1860. The bye-laws of both the Associations are very clear and rather the bye-laws of the Petitioner Association confines its membership to the owners of the apartment, who have taken possession of it in Kendriya Vihar Phase-II, Begunia Barehi, Bhubaneswar-751028. Hence, this Court is of the view that the observation made by the I.G.R in the impugned order that the Petitioner Association had an intention to use the name of Kendriya Vihar Owners' Association Phase-II, which nearly resembles the name of previously registered Association i.e. Kendriya Vihar Residents Welfare Association, with an intention of deceiving the members of the existing Society as well as the Registering Authority is incorrect and based on surmises and conjunctures, having no such allegation made by the Opposite Party Association in its complaint dated 02.09.2022 so also W.P.(C) No.30447 of 2023 Page 42 of 46 earlier complaint made by some of the members of the Opposite Party Association dated 16.08.2020, as at Annexure-2 series to the said effect that the Petitioner Association has intentionally done so to deceive the members of Opposite Party Association by misrepresentation of facts.
29. Apart from the same, as is evident from the letter No.792 dated 29.02.2020; a report being called for, the Block Development Officer, Bhubaneswar submitted a report to the A.D.M., Bhubaneswar, pursuant to which the registration of the Petitioner Association was allowed. The contents of the said letter, being relevant, are extracted below:
" ପ୍ᘸାୟତ ସମିତି କାର୍ଯାଳୟ, ଭୁବନେ୍ᚧର BLOCK OFFICE, BHUBANESWAR, DIST-KHURDA, ORISSA-
751014 Email:[email protected] Letter No.792 Date: 29/02/2020 To The Additional District Magistrate, Bhubaneswar Sub: Registration of Society named "KENDRIYA VIHAR APARTMENT OWNERS ASSOCIATION".
Ref: Memo No.555 Dated 13.02.2020 of A.D.M. Bhubaneswar.
W.P.(C) No.30447 of 2023 Page 43 of 46 Sir, With reference to the letter and subject cited above, I am to inform that the organization named "KENDRIYA VIHAR APARTMENT OWNERS ASSOCIATION", functioning at- Kendriya Vihar Phase-2 Begunia barahi, Bhubaneswar, Dist-Khordha. There is no other organization in the same name at same place.
Hence, the proposal for registration of the society may be considered thereof.
Yours faithfully, Sd/-
Block Development Officer, Bhubaneswar"
(Emphasis Supplied) It is not the case of the Opposite Party Association that the B.D.O., Bhubaneswar, being biased, gave an incorrect report recommending therein to consider the proposal for registration of the Petitioner Association.
30. Admittedly the impugned order has been passed by the I.G.R. for alleged violation of Section 3A of the Act, 1860, exercising his powers under Section 12-D of the Act, 1860 (Odisha amendment, 2012), which has been extracted above. Proviso under the said section mandates that no order of cancellation of registration of any Society shall be passed until the Society has been given a reasonable opportunity of altering its name or object. The I.G.R. was of the view that the aims and objects of both the Associations are almost similar W.P.(C) No.30447 of 2023 Page 44 of 46 and the name of the Petitioner Association nearly resembles to the name of the Opposite Party Association, with an intention to deceive the members of the existing Opposite Party Association/Society. In view of the said clear provisions enshrined under Section 12-D of the Act, 1860, (Odisha Amendment, 2012), the I.G.R. ought to have given reasonable opportunity to the Petitioner Association to alter its name so also its objects. Apart from the views taken by this Court in the foregoing paragraphs, this Court is also of the view that, despite an erroneous finding that name of the Petitioner Association nearly resembles to the name of the Opposite Party Association, as admittedly no such opportunity was accorded to the Petitioner Association, the impugned order being passed without following due procedure of law, is illegal and unjustified. Hence, deserves to be set aside.
31. In view of the reasons detailed above, the impugned order dated 17.08.2023 passed by the I.G.R is hereby set aside. The certificate of registration dated 13.07.2020, as at Annexure-1 series, issued in favour of the Petitioner Association, which stood cancelled vide the W.P.(C) No.30447 of 2023 Page 45 of 46 impugned order dated 17.08.2023 passed by the I.G.R., is hereby restored in favour of the Petitioner Association.
32. It is made clear that quashing of the impugned order dated 17.08.2023 passed by the I.G.R. so also restoration of the registration of the Petitioner Association shall not preclude the Opposite Party Association to pursue its remedy for implementation of the order dated 18.05.2023 passed by the RERA in Complaint Case No.119 of 2021 in accordance with law.
33. Accordingly, the Writ Petition stands disposed of. No order as to cost.
................................
S.K. MISHRA, J.
Orissa High Court, Cuttack Dated, 24th December, 2024/Kanhu Signature Not Verified Digitally Signed Signed by: KANHU BEHERA Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack.
Date: 07-Jan-2025 12:11:49 W.P.(C) No.30447 of 2023 Page 46 of 46