The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.20231 of 2021 Alok Kumar Sia ..... Petitioner -versus- 1) The Inspector General Of Registration 2) Addl. Dist. Magistrate-cum- addl.registrar Of Societies 3) Kalinga Nagar Paribesh Surakshya Samiti Represented By Adv. - M/s.prafulla Kumar Rath, Abhishek Dash,a.mishra, ..... Opposite Parties Represented By Adv. – Mr. G. Mohanty, SC M/s. Sankar Prasad Pani CORAM: THE HON'BLE MR. JUSTICE ANANDA CHANDRA BEHERA ORDER 26.03.2025 Order No. 12. 1. 2. This matter is taken up through hybrid mode. Heard from the learned counsel for the petitioner, learned counsel for the Opposite Party No.3 and the learned Standing Counsel for the other Opposite Parties. 3.
Legal Reasoning
The learned counsel for the petitioner submitted that, a suo motu proceeding vide Misc. No.1 of 2020 was initiated by the ADM, Jajpur (Opposite Party No.2) (Registering Authorities under the societies Registration Act, 1860) for cancellation of the registration of Kalinga Nagar Paribesh Surakhsya Samiti, (KNPSS), which was registered under the Page 1 of 6. Society Registration Act, 1860 bearing Registration No. JPR No.3325/45 of 2016 on the basis of the written complain of the petitioner of this writ. 4. According to the learned senior counsel for the petitioner, it was alleged in the written complain of the complaint (petitioner in this writ petition) that, the registered society i.e. Kalinga Nagar Paribesh Surakhsya Samiti, (KNPSS) is functioning contrary to the by-law of the said society in an another place then the place allowed/permitted in the by-law to function. For which, an enquiry of that Misc. Case No.01 of 2020 was conducted by the registering authority i.e. ADM, Jajpur (Opposite Party No.2) registering Misc. Case No.01 of 2020 and during enquiry, the ADM, Jajpur (Opposite Party No.2) called for a field enquiry report from the Tahasildar, Danagadi to report about the physical existence of the society and its place of functioning in order to ascertain, whether, that society is functioning in the place indicated in the by-law or not. 5. The further submissions of the learned Senior counsel for the petitioner were that, as per the report of the Tahasildar, Danagadi on the basis of the report of the local RI, the society i.e. Kalinga Nagar Paribesh Surakhsya Samiti, (KNPSS) is functioning inside the premises of Jagannath Temple, which is on a Government land situated in Mouza Jakhapura under Khata No.419, satwa anabadi Plot No.1534/3243, but, as per the approved by-law, the society should have been functioned in Khata No.178, Plot No.1900 in Mouza Jakhapura. Page 2 of 6. 6. After making due enquiry, as per the impugned order dated 17.02.2021 passed in Misc. Case No.1 of 2020, the ADM, Jajpur (Opposite Party No.2) rejected to the complaint of the petitioner without cancelling the registration of Kalinga Nagar Paribesh Surakhsya Samiti, (KNPSS). 7. Referring to the above impugned order dated 17.02.2021 (Annexure-9) passed in Misc. Case No.01 of 2020 by the O.P. No.2, the learned senior counsel for the petitioner submitted that, the O.P. No.2 has not assigned any reason in that impugned order about the cause of non-acceptance of the complaint of the petitioner for cancellation of registration of the Kalinga Nagar Paribesh Surakhsya Samiti, (KNPSS), in spite of ascertaining very well from the report of the Tahasildar, Danagadi that, Kalinga Nagar Paribesh Surakhsya Samiti, (KNPSS) is functioning on a Government land inside the premises of Jagannath Temple at Jakhapura, which is other than the approved/permitted place in the by-law of that Kalinga Nagar Paribesh Surakhsya Samiti, (KNPSS). For which, according to him, the impugned order dated 17.02.2021 (Annexure-9) passed by the O.P. No.2 is liable to be quashed. To which the learned counsel for the Kalinga Nagar Paribesh Surakhsya Samiti, (KNPSS) i.e. Opposite Party No.3 objected contending that, all the allegations alleged by the petitioner in his written complaint have been dealt with properly by the Opposite Party No.2 in the impugned order. According to him, even if Kalinga Nagar Paribesh Surakhsya Page 3 of 6. Samiti, (KNPSS) i.e. O.P. No.3 has been functioning in a place other than the place indicated in its approved by-law, still then, as per law, the registration of the society cannot be cancelled and all the allegations alleged by the petitioner in his written complaint have been answered properly in para 6 of the impugned order passed by the ADM, Jajpur (Opposite Party No.2). For which, the question of interfering with the same through this writ petition filed by the petitioner does not arise. 8. The learned Standing Counsel for the State submitted that, as per Section 12(d) of the Odisha Amendment Act, 2012 of the Society Registration Act, 1860, the authority can cancel the registration of a society under the following grounds i.e. “If its activities or proposed activities have been or are or will be subversive of the objects of the society or opposed to public policy and if the registration of the society has been obtained by misrepresentation of facts or practising of fraud.” 9. According to the learned Standing Counsel for the State, the allegations alleged by the written complaint (petitioner in this writ petition) for cancellation of the registration of the O.P.3 are not coming within the purview of the above Section 12(d) of the amended Act, 2012. For which, the impugned order passed by the ADM, Jajpur (Opposite Party No.2) refusing to cancel the registration of O.P. NO.3 cannot be held as illegal. Page 4 of 6. 10. When it is well evident from the impugned order dated 17.02.2021 (Annexure-9) passed in Misc. Case No.01 of 2020 by the O.P.2 that, the Kalinga Nagar Paribesh Surakhsya Samiti, (KNPSS) (O.P.3) is functioning inside the premises of Jagannath Temple (which is a Government land) other than the approved/permitted place of its functioning in the by-law, then at this juncture, the O.P. No.2 should have answered in the impugned order that, the functioning of Kalinga Nagar Paribesh Surakhsya Samiti, (KNPSS) in other place than the approved place of its functioning in the by-law is not a ground for cancellation of the registration of the Kalinga Nagar Paribesh Surakhsya Samiti, (KNPSS) (O.P. NO.3), as per law, but the O.P. No.2 has not assigned any reason about the same. 11. As such, the impugned order passed by the O.P. NO.2 is silent on the aspect of the written complaint of the complainant (petitioner in this writ petition). For which, the impugned order dated 17.02.2021 (Annexure-9) passed by the O.P. No.2 in the Misc. Case No.01 of 2020 is not a speaking order. It is the settled principles of law that, when any order
Decision
like the impugned order is not a speaking order and when any order like the impugned order is passed without answering/meeting the grounds of complain, then, as per law, such an order shall be held as an order without complying the principles of natural justice. 12. When it is held that, the impugned order dated 17.02.2021 vide Annexure-9 passed in Misc. Case No.01 of Page 5 of 6. 2020 by the Opposite Party No.2 is not in conformity with the allegations alleged by the petitioner and when the impugned order is not a speaking order and when, it is held that, the impugned order has been passed without complying the principles of natural justice, then at this juncture, it is felt proper to quash (set aside) the impugned order dated 17.02.2021 (Annexure-9) passed in Misc. Case No.01 of 2020 by the ADM, Jajpur (Opposite Party No.2) and remitted back the matter vide Misc. Case No.1 of 2020 to the ADM, Jajpur (Opposite Party No.2) to decide the same afresh as per law after giving opportunity of being heard to the petitioner of this writ petition as well as the society i.e. O.P. No.3 after making due enquiry as per law and the O.P. No.3 is directed to dispose of the Misc. Case No.01 of 2020 as expeditiously as possible within a period of three months from the date of communication of this order. 13. Registry is directed to communicate this order to the ADM, Jajpur (Opposite Party No.2) immediately. 14. Urgent certified copy of this order be granted to the parties on proper application. 15. Accordingly, the writ petition is disposed of finally. Sipra (ANANDA CHANDRA BEHERA) Judge Signature Not Verified Digitally Signed Signed by: SIPRA MUDULI Reason: Authentication Location: High Court of Orissa, Cuttack Date: 27-Mar-2025 10:09:12 Page 6 of 6.