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2026 DAILYLAW 1840 (GAU)

KAMAL CHOUDHURY v. THE STATE OF ASSAM AND 5 ORS

WP(C)/5627/2024 · 2026-01-26

Kardak Ete

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010225502024 2026:GAU-AS:824 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5627/2024 KAMAL CHOUDHURY S/O- LATE SURESH CHOUDHURY, R/O- HOUSE NO. 77, GANDHI MANDAP ROAD, SOUTH SARANIA, P.O. ULUBARI, GUWAHATI- 781007, DIST- KAMRUP (M) (ASSAM) VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY CHIEF SECRETARY TO THE GOVT. OF ASSAM, DISPUR, GUWAHATI- 781006, KAMRUP (M), ASSAM 2:THE SECRETARY TO THE GOVT. OF ASSAM CO-OPERATION DEPARTMENT DISPUR GUWAHATI- 781006 KAMRUP (M) ASSAM 3:THE REGISTRAR OF CO-OPERATIVE SOCIETIES ASSAM KHANAPARA GUWAHATI- 781022 KAMRUP (M) ASSAM 4:SONY HOUSING DEVELOPMENT AND FINANCE COOPERATIVE SOCIETY LTD SITUATED AT SOUTH SARANIA P.O. ULUBARI GUWAHATI- 781007 KAMRUP (M) ASSAM REPRESENTED BY ITS SECRETARY Page No.# 2/4 5:SYEDA AYESHA BEGUM THE CHAIRPERSON SONY HOUSING DEVELOPMENT AND FINANCE COOPERATIVE SOCIETY LTD SITUATED AT SOUTH SARANIA P.O. ULUBARI GUWAHATI- 781007 KAMRUP (M) ASSAM 6:UMMI HABIBA AHMED THE SECRETARY SONY HOUSING DEVELOPMENT AND FINANCE COOPERATIVE SOCIETY LTD SITUATED AT SOUTH SARANIA P.O. ULUBARI GUWAHATI- 781007 KAMRUP (M) ASSA Advocate for the Petitioner : MR G KAKOTI, MR. P THAKURIA,MR. R B SAH Advocate for the Respondent : GA, ASSAM, MR S R A NASER(R-4,5,6),MR. H ROHMAN(R- 4,5,6),MR G ALAM (R-4,5,6),MR. P D NAIR(R-4,5,6),SC, CO OP BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 27.01.2026 Heard Mr. G. Kakoti, learned counsel for the petitioner. Also heard Mr. N. Goswami, learned State Counsel for the respondent No. 1; Mr. G. Bordoloi, learned counsel for the respondent Nos. 2 & 3; and Mr. G. Alam, learned counsel for the respondent No. 4, 5 & 6. Challenge made in this writ petition is to the order dated 28.09.2023, passed by the Registrar of Cooperative Societies, Government of Assam, Page No.# 3/4 whereby it has been held that the petitioner and one Shri Avinash Chandra Mishra are not the members of the society and affairs of the Sony Housing Development & Finance Cooperative Society Ltd. The petitioner appears to have preferred an appeal against the above order under Section 111(3) of the Assam Cooperative Societies Act, 2007. The limited prayer made in the writ petition is for a direction to the State authority to dispose of the said appeal filed by the petitioner. During the pendency of the writ petition, it is noticed that the said appeal has been disposed of by an order dated 03.06.2024. Upon consideration, I am of the view that since the writ petition is basically filed seeking disposal of the appeal pending before the State authority and the same having been disposed of by the authority on 03.06.2024, no surviving issue remains for adjudication in the present proceedings. Accordingly, writ petition stands closed as infructuous. However, the petitioner is at liberty to challenge the order dated 03.06.2024, if so advised. A copy of the order dated 03.06.2024, passed by the Joint Secretary, Department of Assam, Cooperation Department, be furnished to the learned counsel for the petitioner. Page No.# 4/4 A copy of the said order is kept on record and marked as document “X”. JUDGE Comparing Assistant