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2026 DAILYLAW 7666 (GAU)

SOUTH BANK MULTIPURPOSE CO OPERATIVE SOCIETY LTD v. THE UNION OF INDIA

I.A.(Civil)/1822/2026 · 2026-06-07

Kaushik Goswami

body2026

Judgment text

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Page No.# 1/5 GAHC010058992026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1822/2026 SOUTH BANK MULTIPURPOSE CO OPERATIVE SOCIETY LTD REPRESENTED BY ITS SECRETARY NAMELY AKHTAR HUSSAIN AGED ABOUT- 48 YEARS S/O. LATE NEPASHU SHEIKH VILLAGE DARUA KAWAHAGI P.O. JHOWDANGA DIST. SOUTH SALMARA MANKACHAR ASSAM PIN783131 VERSUS THE UNION OF INDIA REPRESENTED BY THE SECRETARY TO THE DEPARTMENT OF FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS SHASTRI BHAWAN NEW DELHI PIN-110001 2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER TO THE GOVT. OF ASSAM DEPARTMENT OF FOOD PUBLIC DISTRIBUTION CONSUMER AFFAIRS DISPUR GUWAHATI-781006. 3:THE COMMISSIONER OF FOOD PUBLIC DISTRIBUTION CONSUMER AFFAIRS AND LEGAL METROLOGY ASSAM ULUBARI GUWAHATI-07 Page No.# 2/5 4:THE DISTRICT COMMISSIONER SOUTH SALMARA MANKACHAR DISTRICT ASSAM P.O. HATSINGIMARI PIN - 783135 5:THE ADDITIONAL DISTRICT COMMISSIONER FOOD PUBLIC DISTRIBUTION CONSUMER AFFAIRS SOUTH SALMARA MANKACHAR P.O. HATSINGIMARI ASSAM PIN - 783135. 6:THE ASSISTANT DIRECTOR OF SUPPLY (IN CHARGE) FOOD PUBLIC DISTRIBUTION CONSUMER AFFAIRS ASSAM DIST.- SOUTH SALMARA MANKACHAR P.O. HATSINGIMARI PIN-783135. 7:SHUKCHAR GPSS LTD REPRESENTED BY ITS SECRETARY NAMELY WALIUL KARIM S/O. LATE MOHAR ALI SARKAR R/O. VILLAGE- 228 MAHAMAYA NAGAR P.O. HATSINGIMARI P.S. SOUTH SALMARA DIST. SOUTH SALMARA MANKACHAR ASSAM PIN-783135. 8:FEKAMARI GPSS LTD REPRESENTED BY ITS SECRETARY NAMELY ABDUL RAZZAK S/. LATE AZAHAR ALI R/O. VILLAGE- FEKAMARI P.O. FEKAMARI DIST. SOUTH SALMARA MANKACHAR ASSAM PIN-783135. 9:MANKACHAR GPSS LTD REPRESENTED BY ITS SECRETARY NAMELY AKTARUL HUSSAIN S/O. JUL HANNAN R/O. VILLAGE- 268 CHAMAIBIL THAKURANBARI P.O. MANKACHAR DIST. SOUTH SALMARA MANKACHAR Page No.# 3/5 ASSAM PIN-783135. 10:KALAPANI GPSS LTD REPRESENTED BY ITS SECRETARY NAMELY GOLAM HUSSAIN ZAKARIA S/O. LATE ABDUL GOFUR MIAH R/O. VILLAGE- KALAPANI CHIRAKHOWA P.O. KALAPANI DIST. SOUTH SALMARA MANKACHAR ASSAM PIN783135 11:SOUTH SALMARA GPSS LTD REPRESENTED BY ITS SECRETARY NAMELY SOLEMAN HOQUE S/O. LATE KALIM UDDIN R/O. VILLAGEPATAKATA P.O. PATAKATA DIST. SOUTH SALMARA MANKACHAR ASSAM PIN-783127 ------------ Advocate for : MR R ISLAM Advocate for : GA ASSAM appearing for THE UNION OF INDIA BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER Date : 08.06.2026 Heard Mr. R. Islam, learned counsel appearing for the applicant. Also heard Ms. R. Devi, learned counsel appearing on behalf of Mr. S.S. Roy, learned Government Counsel appearing for the State respondent. Also heard Mr. R. Talukdar, learned counsel appearing for the respondent Nos. 2 to 6. 2. By way of the present interlocutory application, the applicant seeks substitution of his name in place of the erstwhile Secretary, namely, Ziaur Rahman, of South Bank Multipurpose Co-operative Page No.# 4/5 Society Ltd., in the connected writ petition, WP(C) No. 1670/2026. 3. The records reveal that the petitioner in WP(C) No. 1670/2026, namely, South Bank Multipurpose Co-operative Society Ltd., was represented by its then Secretary, Ziaur Rahman. During the pendency of the writ petition, the said Secretary resigned from his office on account of personal difficulties. Consequently, the Managing Committee of the Society, in its meeting held on 16.04.2026, adopted a resolution appointing the present applicant, Akhtar Hussain, as the In-charge Secretary of the Society for discharging the duties and responsibilities attached to the said office. The said appointment was duly approved by the Assistant Registrar of Co-operative Societies, Hatsingimari, on 17.04.2026. It further appears that, upon cessation of the earlier Secretary from office with effect from 16.04.2026, the Society, by a subsequent resolution dated 20.04.2026, authorised the present applicant to represent and conduct the proceedings in WP(C) No. 1670/2026. The present application has accordingly been filed seeking substitution. 4. Having heard the learned counsel for the parties and upon perusal of the materials placed on record, this Court finds that the erstwhile Secretary, who had represented the petitioner Society, no longer holds the said office and that the present applicant has since been authorised by the Society to represent it in the present proceedings. The prayer for substitution is, therefore, found to be justified and deserves to be allowed. 5. Accordingly, the name of Akhtar Hussain, In-charge Secretary of South Bank Multipurpose Co-operative Society Ltd., shall stand Page No.# 5/5 substituted in place of Ziaur Rahman in WP(C) No. 1670/2026. 6. The petitioner shall file an amended cause title before the Registry within a period of one week from today. 7. The interlocutory application stands allowed. JUDGE Comparing Assistant