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Orissa High CourtWP(C)/21398/2022disposed off

Pradeep Kumar Jena v. State Of Odisha

2022-11-02Mr. Justice K.R.Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 21398 OF 2022 Pradeep Kumar Jena ....

Petitioner Mr. Trilochan Dash, Advocate -versusState of Odisha and others ....

Opp. Parties Mr. Swayambhu Mishra, Additional Standing Counsel

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

02.11.2022 01.

1.

This matter is taken up through hybrid mode.

2.

The Petitioner in this writ petition seeks to assail the letter dated 29th June, 2022 (Annexure-2) issued by the Public Information Commission, Sub-Collector, Jajpur and also letter dated 7th July, 2022 (Annexure-3) issued by the Assistant Registrar of Cooperative Societies, Jajpur Circle, Jajpur directing him to provide information.

3.

It is submitted by Mr. Dash, learned counsel for the Petitioner that in view of the ratio decided in the case of Thalappalam Service Cooperative Bank Limited and others -vState of Kerala and others, reported in (2013) 16 SCC 82, Hon'ble Supreme Court has already held that the Cooperative Societies are not amenable to the provisions of Right To Information Act, 2005 (for short 'the Act').

4.

Mr. Dash, learned counsel submits that the Petitioner being a Co-operative Society is not coming within the purview

// 2 // of the Act. He, further submits that interest of justice will be best served, if the Petitioner replies to the letters under Annexures-2 and 3 appraising the authorities that a Co-operative Society does not come within the purview of the Act. He, therefore, prays for withdrawal of the writ petition. 5.

In view of such submission, this writ petition is disposed of as withdrawn.

Urgent certified copy of this order be granted on proper application.

(K.R. Mohapatra) Judge ms