RAVI DEY AND 4 ORS. v. THE STATE OF ASSAM AND 7 ORS
WP(C)/5538/2023 · 2026-03-10
Devashis Baruah
Writ Petition (Civil)body2026
DailyLaw.ai
[ 2026 DAILYLAW 2492 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 2492 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC010213142023
2026:GAU-AS:3610
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5538/2023 RAVI DEY AND 4 ORS.
R/O- ARYA SMART LIVING, NORTH GUWAHATI, DIST. KAMRUP, ASSAM AND MEMBERS OF ARYA SMART LIVING GROUP HOUSING CO-OP SOCIETY LTD.
2: RITU PARNA SHARMA R/O- ARYA SMART LIVING NORTH GUWAHATI DIST. KAMRUP ASSAM AND MEMBERS OF ARYA SMART LIVING GROUP HOUSING CO-OP SOCIETY LTD.
3: GANESH DAS R/O- ARYA SMART LIVING NORTH GUWAHATI DIST. KAMRUP ASSAM AND MEMBERS OF ARYA SMART LIVING GROUP HOUSING CO-OP SOCIETY LTD.
4: MRINMOY BORKATAKI R/O- ARYA SMART LIVING NORTH GUWAHATI DIST. KAMRUP ASSAM AND MEMBERS OF ARYA SMART LIVING GROUP HOUSING CO-OP SOCIETY LTD.
5: SANJAY BARUAH R/O- ARYA SMART LIVING NORTH GUWAHATI DIST. KAMRUP ASSAM AND MEMBERS OF ARYA SMART LIVING GROUP HOUSING CO-OP SOCIETY LTD VERSUS
Page No.# 2/4 THE STATE OF ASSAM AND 7 ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, CO-OPERATIVE DEPARTMENT, DISPUR, GUWAHATI-6.
2:THE REGISTRAR CO-OPERATIVE SOCIETIES ASSAM KHANAPARA GUWAHATI-28 DIST. KAMRUP(M) ASSAM 3:THE ASSISTANT REGISTRAR CO-OPERATIVE SOCIETIES ASSAM BHANGAGARH GUWAHATI-05 DIST. KAMRUP(M) ASSAM 4:M/S ARYA ERECTORS INDIA PVT. LTD.
REGISTERED OFFICE- HOUSE NO. 123 ARYA SMART LIVING ABHAYPUR DIST.- KAMRUP ASSAM REPRESENTED BY ITS MANAGING DIRECTOR SRI ANIL GOSWAMI.
5:BIJOYA GOSWAMI DIRECTOR M/S ARYA ERECTORS INDIA PVT. LTD.
REGISTERED OFFICE- HOUSE NO. 123 ARYA SMART LIVING ABHAYPUR IN THE DISTRICT OF KAMRUP ASSAM AND DIRECTOR OF SMART LIVING GROUP HOUSING CO-OP SOCIETY LTD.
6:RAM KRISHNA PRADHAN CHIEF EXECUTIVE OFFICER M/S. ARYA ERECTORS INDIA PVT. LTD.
REGISTERED OFFICE HOUSE NO. 123 ARYA SMART LIVING
Page No.# 3/4 ABHAYPUR IN THE DISTRICT OF KAMRUP ASSAM AND PRESIDENT OF ARYA SMART LIVING GROUP HOUSING CO- OP SOCIETY LTD
Advocate for the petitioner(s): Mr. A Kakati
Advocate for the respondent(s): Mr. SK Talukdar Standing Counsel Co-operation Department
B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH
ORDER 11.03.2026
Heard Mr. A Kakati, the learned counsel appearing on behalf of the petitioners. Also heard Mr. SK Talukdar, the learned counsel for the respondent Nos.1, 2 and 3. None has appeared on behalf of the other respondents.
2. The petitioners herein have assailed the order dated 29.11.2022 passed by the respondent No.3 as well as the order dated 25.04.2023 passed by the respondent No.2, wherein it was held that the private respondents had no pecuniary interest in the affairs of the Society and as such, they were not disqualified in terms with Section 37(c) and 40(3) of the Assam Cooperative Societies, Act, 2007.
3. It is further relevant to take note of that in the meantime, an AGM was held and in the said AGM, the private respondents have been elected as the
Page No.# 4/4 Board of Directors of the Society.
4. Be that as it may, the AGM was nullified by the respondent No.2 vide an
order dated 10.09.2025 and a One-Man Committee was appointed under Section 41(6) of the Assam Cooperative Societies Act, 2007.
5. Taking into account the above, the cause of action for the present writ petition no longer survives. Accordingly, the writ petition stands closed without prejudice to the rights of the petitioners before any other Forum.
JUDGE Comparing Assistant