Gauhati High CourtHuman Welfare Society vs The State Of Assam And 2 Ors on 19 January, 2021Author:Prasanta Kumar DekaBench:Prasanta Kumar DekaPage No.# 1/5\n\nGAHC010169862016\n\n\n\n\n                       THE GAUHATI HIGH COURT\n  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)\n\n                          Case No. : WP(C)/2038/2016\n\n         HUMAN WELFARE SOCIETY\n         REP. BY IS MANAGING DIRECTOR MD. NASEER KHAN, HEAD OFFICE\n         BAPUJI PATH, P.O. NAZIRA, DIST. SIVASAGAR ASSAM, PIN-785685.\n\n\n\n         VERSUS\n\n         THE STATE OF ASSAM AND 2 ORS\n         REP. BY THE COMM. and SECY. TO THE GOVT. OF ASSAM, SOCIAL\n         WELFARE DEPTT., DISPUR, GHY.-781006.\n\n         2:THE DIRECTOR\n\n          SOCIAL WELFARE DEPTT.\n          UZANBAZAR\n          GHY.-01.\n\n         3:HUMAN WELFARE SOCIETY TINSUKIA DIST. COMMITTEE\n\n          G.N.B. ROAD\n          KUMAR PATTY TINSUKIA\n          TINSUKIA\n          PIN-786125\n          REP. BY ITS PRESIDENT MR. ZAKIR HUSSAIN\n          S/O. LT. PYAR KHAN\n          MARGHERITA NOILAZUM\n          P.O. MARGHERITA\n          PIN-786181 AND MS. SHAHNAZ BEGUM\n          NEAR CIRCUIT HOUSE\n          DHEKIAJURI\n          A.T. ROAD\n          P.O. TINSUKIA\n          PIN-786125\n                                                                                    Page No.# 2/5\n\n\nAdvocate for the Petitioner   : MR.M R SODIAL\n\nAdvocate for the Respondent : MR.B K MISHRAR-3\n\n\n\n\n                                          BEFORE\n              THE HON'BLE MR. JUSTICE PRASANTA KUMAR DEKA\n                                           ORDER19.01.2021.Heard Mr. S. B. Rahman, the learned counsel for the petitioner. Also heard Mr. S. Islam,\nthe learned counsel for the respondent No. 3 and Ms. M. Bhattacharjee, the learned\nAdditional Senior Government Advocate, Assam for the respondent Nos. 1 and 2.The petitioner is a registered society under the name and style Human Welfare Society\nhaving its registration under theSociety Registration Act1860. The petitioner society was\nregistered in the year 2012-2013. It is further submitted that the society is also registered\nwith the Directorate of Social Welfare, Assam under the Persons with Disabilities Act, 1995.\nThe District Social Welfare Officer, Tinsukia vide advertisement dated 07.08.2013 called for\napplication with project proposals from local reputed NGOs for rescue, treatment and\nrehabilitation of Homeless-Mentally ill persons of Tinsukia district. It is the case of the\npetitioner that the respondent No. 3 is the Branch of the petitioner society and in view of the\nsaid advertisement dated 07.08.2013 wherein the qualifying criteria for participation was\nrestricted to local reputed NGO sought the authorization letter from the petitioner society in\norder to apply against the said advertisement. The petitioner society authorized the\nrespondent No. 3 society to act on behalf of the petitioner and after completion of all the\nprocedure the Government vide Notification dated 07.01.2015 notified the respondent No. 3\nsociety as the designated NGO for rescue, treatment and rehabilitation of Homeless-Mentally\nill persons of Tinsukia and Dibrugarh districts. Thereafter the dispute arose and the petitioner\nthrough his letter dated 29.12.2015 directed for submission of various documents by the\nrespondent No. 3 to it. Extract of the said letter dated 29.12.2015 is reproduced\n                                                                                                   Page No.# 3/5\n\nhereinbelow:-"We came to know that you are trying to obtain Designation by using our Xerox copy of\n              registration, activity reports and other documents without our permission and knowledge which\n              is totally illegal. Therefore you are hereby informed to submit the file which you are using to\n              obtain Designation to this office along with the following documents.Now through this letter I invite you to present before this office within seven days from\n              the date of receipt of this letter to obtain your signature on the said agreement, to submit the\n              following documents which you failed to submit on the last date you came to this office despite\n              you were informed to submit the same and also to give your reply in writing on the\n              abovementioned matters".The petitioner society also moved the Deputy Commissioner, Sivasagar in order to hold\nthe process already initiated by the respondent No. 3 and in turn the Deputy Commissioner,\nSivasagar vide letter dated 08.12.2015 wrote to the respondent No. 2 the following which is\nreproduced hereinbelow:-"As per your office notification no. SWD.295/2009/Pt.-1/807 dated 22.10.2013, Human\n              Welfare Society, Tinsukia branch was enlisted as designated NGO. But as per information, the\n              designatory status should have been awarded to Human Welfare Society, head Office Nazira\n              instead of Tinsukia branch as the registration has been done in the name of Human Welfare\n              Society, Head Office Nazira. Also the Tinsukia branch is under the Administrative control of\n              Human Welfare Society, Nazira as reported by the MD, HWS, Nazira.In this regard, I would like to request you to issue the designatory award to Human\n              Welfare Society, Head Office, Nazira instead of Tinsukia branch and extend your support to their\n              noble endeavors and social responsibility".As there was no compliance by the respondent No. 3, the petitioner filed this writ\npetition seeking for following relief:-"In the premises aforesaid it is therefore respectfully prayed that your Lordship would\n              graciously be pleased to admit this petition, call for the records of the case, issue a Rule calling\n              upon the respondents to show cause as to why a writ in nature of mandamus should not be\n              issued directing the respondent No. 1 and respondent No. 2 to enlist the petitioner as\n              Designated NGO for rescue and rehabilitation of the homeless mentally ill persons and quash\n                                                                                                  Page No.# 4/5\n\n             and set aside impugned Notification No. SWD.295/2009/Pt.I/280 dated 07.01.2015 and after\n             hearing the parties pleased to make the Rule absolute. And\n\n                     Pending disposal of the writ petition the Hon'ble Court may kindly direct the respondent\n             No. 1 and respondent No. 2 not to disburse any further fund to the respondent No. 3 and/or\n             pass any such further or other order or orders as Your Lordships may deem fit and proper".The respondent No. 3 filed her affidavit-in-opposition by taking amongst others the\nfollowing stands as reproduced hereinbelow:-"4. That with regard to the Statement made in paragraph 3 of the Writ petition the\n             deponent partly denied the same and begs to state that Human Welfare Society Tinsukia district\n             Committee was formed by head office of Human Welfare Society, Nazira on 26.11.2013 as their\n             branch. The Head Office handed over a copy of registration certificate and authorization letter\n             to allow the deponent to use their registration number on the letter Head of Tinsukia District\n             Committee, leaf lets for awareness, new year calendars etc. The deponent never crate any\n             problem or misunderstanding with the head office of Human Welfare Society, Nazira. The\n             deponent always in touch with the head office Nazira and submitted yearly audit report, up-to-\n             date bank details, list of moveable and immovable properties, vouchers of expenditure, list of\n             beneficiaries on 18.10.2015 in the head office of Human Welfare Society, Nazira".On the other hand, the respondent No. 1 also filed his affidavit-in-opposition taking the\nstand as follows:-"6. That the deponent begs to state that vide letter under No. DSWO/TSK-15/2012-\n             13/122 dtd 28.09.2019, District Welfare Officer, Tinsukia intimated to the Deputy Secretary to\n             the Government of Assam, Social Welfare Deptt. Dispur about visit of the office of "Human\n             Welfare Society" (NGO) Tinsukia district and inspection of its documents. The inspection report\n             itself speaks that "Human Welfare Society" Tinsukia District Committee is a branch office,\n             having constituted with people of the locality and the members of "Human Welfare Society" has\n             been working or rescue, treatment and rehabilitation of mentally ill persons in Tinsukia district,\n             in their own cost, without receiving any fund from the Government and received appreciation\n             from district administration, Tinsukia for their works. It is also reflected in the report that the\n             "Human Welfare Society" Tinsukia district expressed its interest to work for the people of\n             Tinsukia district as designated NGO and the society is not financially sound".From the aforesaid factual matrix, in my considered opinion there is a dispute between\n                                                                                    Page No.# 5/5\n\nthe petitioner society and the respondent No. 3 in respect of the identity, status and non\ncompliance of the direction of the petitioner. The said fact is very much clear and apparent\nfrom the letter dated 29.12.2015 referred hereinabove. Further in view of the stand taken by\nthe respondent State and also keeping in view the statements made in the writ petition and\nthe affidavit-in-opposition no cause of action accrued against the respondent State and as\nsuch I do not find any merit in this writ petition. However, the petitioner has the option to\nraise the dispute in a proper court of law considering the nature of the dispute involved in this\nwrit petition.Accordingly with the said observation, this writ petition stands disposed of.JUDGE\n\n\n\nComparing Assistant