The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.3295 of 2022 ..... M/s. Shree Jagannath Supply And Service Coop. Society Ltd. Petitioner Mr. S.K. Pradhan, Advocate on behalf of Ms. D. Mahapatra, Advocate State of Odisha & Ors. ... -versus- Opposite Parties Mr. P.K. Panda, ASC Mr. Sudeep Ku. Sarangi, Sr. Advocate along with Mr. S.K. Sarangi, Advocate (Opp. Party No. 4) & WP(C) No.11050 of 2012 ..... Odisha State Cooperative Oil Seeds Grower’s Federation Ltd., BBSR Petitioner Mr. Sudeep Ku. Sarangi, Sr. Advocate along with Mr. S.K. Sarangi, Advocate Joint Registrar Cooperative Societies, BBSR & Ors. -versus- ... Opposite Parties
Legal Reasoning
THE HON’BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY CORAM:
Decision
ORDER 22.10.2025 Order No.38 1. This matter is taken up through hybrid mode. 2. Heard learned counsel appearing for the Parties. 3. While W.P.(C) No. 3295 of 2022 has been filed by the Petitioner- M/s. Shree Jagannath Supply And Service Coop. Society Ltd. with a prayer to direct the Opp. Parties to clear the dues of the Petitioner as per the award passed by the Registrar, Cooperative Society, Odisha, Page 1 of 5. Bhubaneswar in Dispute Case No. 380 of 2006, W.P.(C) No. 11050 of 2012 has been filed by the Petitioner- Odisha State Cooperative Oil Seeds Grower’s Federation Ltd., BBSR (in short ‘Oil Odisha’) challenging the very same order passed by the Registrar, Cooperative Society on 31.10.2008 in Dispute Case No. 380 of 2006 as well as the notice of attachment issued in E.P. Case No. 34/2009-10 arising out of the aforesaid Dispute Case No. 380 of 2006. 4. It is not disputed by the learned counsel appearing for the Petitioners in both the cases that order dtd.31.10.2008 in Dispute Case No. 380 of 2006 was filed by the Petitioner in W.P.(C) No. 3295 of 2022 and the dispute was so raised in terms of the provisions contained under Sec. 68 of the Odisha Cooperative Societies Act, 1962. 4.1. It is also not disputed by the learned counsel appearing for the Parties that the order passed in Dispute Case No. 380 of 2006 though was executed in E.P. Case No. 34/2009-10 with issuance of certificate of sale in favour of the Petitioner in W.P.(C) No. 3295 of 2022, but the possession remained with the Petitioner in W.P.(C) No. 11050 of 2012 all through. 4.2. It is also not disputed that out of the decretal dues in Dispute Case No. 380 of 2006, Petitioner in W.P.(C) No. 3295 of 2022 has received some payments by virtue of some orders passed in the said writ petition. But the award so passed has not yet been fully satisfied. 5. Learned counsel appearing for the Petitioner in W.P.(C) No. 3295 of 2022 contended that since Petitioner on the face of the issuance of Page 2 of 5. the sale certificate under Annexure-3 series failed to take possession of the land in question, Petitioner in connected W.P.(C) No. 11050 of 2012 is required to satisfy the award so passed in Dispute Case No. 380 of 2006 in full. 6. Learned Sr. Counsel appearing for the Petitioner in W.P.(C) No. 11050 of 2012 on the other hand contended that since the award has been passed by the Registrar, Cooperative Society in Dispute Case No. 380 of 2006 without proper appreciation of the stand taken by the Petitioner in the said dispute, the property leased out in favour of the Petitioner in W.P.(C) No. 11050 of 2012 by IDCO, was put to auction and sale certificate was issued in favour of the Petitioner in W.P.(C) No. 3295 of 2022, in E.P. Case No. 34/2009-10. 6.1. It is contended that since the original award passed in Dispute Case No. 380 of 2006 is under challenge in W.P.(C) No. 11050 of 2012, Petitioner is not liable to pay any amount in terms of the said award unless and until the award passed in the Dispute Case attains finality. 7. To the submission made by the learned Sr. Counsel appearing for the Petitioner in W.P.(C) No. 11050 of 2012, learned counsel appearing for the Petitioner in W.P.(C) No. 3295 of 2022, contended that since Petitioner in W.P.(C) No. 11050 of 2012 never complied the interim order passed on 09.01.2013 in Misc. Case No. 1180 of 2013 and the same was also vacated by this Court vide order dtd.27.02.2013 in Misc. Case No. 2758 of 2013, Petitioner in W.P.(C) No. 11050 of 2012 is liable to pay the awarded amount in terms of the order passed in Dispute Case No. 380 of 2006. Page 3 of 5. 8. Having heard learned counsel appearing for the Parties and considering the submission made, it is found that Dispute Case No. 380 of 2006 was filed in terms of the provisions contained under Sec. 68 of the Odisha Cooperative Societies Act, 1962. Since any order passed in exercise of the power conferred under Sec. 68 of the Act is appealable in terms of the provisions contained under Sec. 109 of the said Act, it is the view of this Court that challenge made to the award in W.P.(C) No. 11050 of 2012 is not maintainable before this Court and this Court accordingly on the ground of alternate remedy is not inclined to entertain the writ petition. 8.1. However, since the writ petition is pending before this Court w.e.f.25.06.2012 and the submission made by the learned Sr. Counsel that appropriate appeal will be filed within a period of four (4) weeks hence, this Court while disposing W.P.(C) No. 11050 of 2012, observe that if any such appeal will be filed within a period of four (4) weeks hence, the State Cooperative Tribunal shall entertain the appeal without insisting on any delay and decide the issue on merit by giving due opportunity of hearing to all concerned. 8.2. Since the dispute is of the year 2006 with passing of an order in favour of the Petitioner in W.P.(C) No. 3295 of 2022, this Court directs the Tribunal to dispose of the appeal, if it will be filed within the aforesaid time period as expeditiously as possible preferably by the end of June, 2026. However, if no appeal will be filed within the aforesaid time period, the order passed in Dispute Case No. 380 of 2006 will stand confirmed and Petitioner in W.P.(C) No. 3295 of 2022 shall be at liberty to move appropriate court of law to take possession of the land, sale certificate of which has been issued in its favour in E.P. Case No. 34/2009-10. Page 4 of 5. 8.3. It is further observed that any payment made to the Petitioner in W.P.(C) No. 3295 of 2022 out of the award passed in Dispute Case No. 380 of 2006 shall be subject to final outcome of the appeal to be filed by the Petitioner in W.P.(C) No. 11050 of 2012. 9. With the aforesaid observation and direction, both the writ petitions stand disposed of. 10. Certified copy of impugned order dtd.31.10.2008 in Dispute Case No. 380 of 2006 in W.P.(C) No. 11050 of 2012 be returned back, if the same has been filed by the Petitioner, by taking photocopy of the same. Sneha (BIRAJA PRASANNA SATAPATHY) Judge Signature Not Verified Digitally Signed Signed by: SNEHANJALI PARIDA Reason: Authentication Location: High Court of Orissa, Cuttack Date: 27-Oct-2025 10:37:25 Page 5 of 5.