BOLANGIR WHOLESALE CONSUMERS CO-OPERATIVE STORE EMPLOYEES UNION Vs. SUB-DIVISIONAL OFFICER
HIGH COURT OF ORISSA
Bolangir Wholesale Consumers Co -Operative Store Employees Union
Sub -Divisional Officer
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S.Acharya, J. -
(1.) AT the hearing, the counsel appearing for the parties agreed that the Sub -divisional Officer, Sadar, Bolangir, should have stated his reasons on which he issued the warrant under Section 33(3) of the Orissa Co -operative Societies Act, 1962 (hereinafter referred to as the 'Act').
Section 33 reads as follows:,
(1) If the Committee of a society is reconstituted at a general meeting of the society or is removed by the Registrar under Section 32 or if the society is ordered to be wound up under Section 72 and the outgoing members of the Committee refuse to hand over charge of the records and property of the society to the new Committee or the Administrators or the society appointed under Section 32 or the liquidator, as the case may be such Committee, Administrators, society or liquidator, as the case may be may apply through the Registrar or any person empowered by the Registrar to the Sub -divisional Officer having jurisdiction for securing such records and property.
(2) The Registrar may, if he has reasons to believe that any records of any society are likely to be tampered with or suppressed or that any property of any society is likely to be removed or misappropriated, authorise any person to enter and search any place where such records or property are kept or are believed to be kept and to seize such records and property, and in the event of such person being prevented from making any such en trance search or seizure, the Registrar - may apply to the Sub -divisional Officer having jurisdiction for securing such records and property.
(3) On receipt of an application under Sub -section (1) or (2), the Sub -divisional Officer may by a warrant, authorise any Police Officer, not below the rank of a Sub -Inspector, to enter and search any place where the records and property are kept or are believed to be kept and to seize such records and property and the records and property so seized shall be handed over to the Appellant,
Therefore, whenever an order under Sub -section (3) of Section 33 of the Act is passed, the Sub -divisional Officer is obliged under the law to state his reasons therein for passing that order, and the said reason should confirm to the conditions and circumstances mentioned in Sub -section (1) or (2) thereof. As no reason has been stated in the impugned order and it has merely been stated therein that the S.D.O. heard the Government Pleader and the counsel appearing for the Appellant and perused the provision of law contained in Section 33 and issued that order, it is patently arbitrary and hence the same cannot be allowed to be enforced, and has, therefore, to be set aside.
(2.) ACCORDINGLY , the impugned order dated 23 -8 -1978 and the consequential order passed on 2 -7 -1978 on this matter are set aside. The Sub -divisional Officer shall consider this matter afresh on allowing an opportunity of hearing to all the parties. The Vice -President of the Bolangir Wholesale Consumers Co -operative Store Employees Union, through whom the Petitioner has appeared in this Court, the Assistant Registrar, Co -operative Societies, Bolangir, and somebody on behalf of the Co -operative society shall appear before the S.D.O. on 18 -12 -1978, on which date the S.D.O. shall fix a peremptory date for hearing this matter afresh. After fixing such a date and giving a fresh opportunity of hearing to all the necessary parties, the S.D.O. shall pass necessary orders in respect of this matter in accordance with law. The writ petition is allowed. No costs.
J.K. Mohanty, J.
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