WP(C) 5154/2008 BEFORE THE HON’BLE MR JUSTICE B.P. KATAKEY Heard Mr MR Adhikary, learned counsel for the petitioner s; Mr R. Adhikary, learned State counsel, appearing for the respondent Nos.1 to 4; and Mr M Buragohain, learned counsel for the respondent No.5. The petitioner has filed the present petition praying fo r the following relief: In the premises aforesaid, your petitioners humble pray that Your Lords hips may be pleased to admit this petition, call for the records of the case, is sue Rule calling upon the Respondents - i) to show cause as to why a writ in the nature of Mandamus and/or Certiora ri and/or any other appropriate writ, order or direction should not be issued co mmanding/directing the Respondent authorities to forthwith conduct a thorough en quiry into the entire affairs of the Balipukhuri Krishi Pam Samabai Samitee Ni z Bagmari, Biswanath Chariali, Sonitpur, Assam, more specifically the fraudulent tampering of the original list of shareholders and their nominees and deleting the names of two original founder shareholders namely the fathers of petitioner No.5 and 6, by the respondent No.5, the self-appointed Chairman fo the said Soci ety and illegally including his own name in the list of members/ shareholders af ter preparing the impugned list(Annexure-B), ii) and as to why a writ in the nature of Mandamus and/or Certiorari and/or any other appropriate writ, order or direction should also not issue directing t he Respondents No.2, 3 and 4 to set aside and quash the impugned list of Members /Shareholders prepared and finalized by the Respondent No.5(Annexure-B) after a thorough enquiry, and iii) as to why a writ in the nature of Mandamus and/or any other appropriate writ, order or direction should also not issue commanding/directing the Responde nt authorities to exercise powers available under the Assam Cooperative Societie s Act 1949 and the Rules framed thereunder to dissolve the present Governing Bod y of the Society and appoint a responsible officer to run the affairs of the soc iety for the interests of the society, and iv) upon cause/causes being shown and after perusal of the records and heari ng the parties be pleased to make the Rule absolute and/or pass such other or fu rther order/orders as to Your Lordships may seem fit and proper to give full and complete justice to the petitioners. It is the contention of the learned counsel for the peti tioners that though their fathers were the original shareholders of the Balipukh uri Krishi Pam Samabai Samitee, a society registered under the Assam Cooperative Societies Act 1949, their names were deleted from the list of shareholders, the reby depriving them, as successors-in-interest, from the compensation awarded by the Collector under the provisions of the land Acquisition Act 1894(in short t he 1894 Act ) for acquiring certain land that belonged to the society. According to learned counsel for the petitioners, the list containing the names of the fa thers of the petitioners at serial Nos.20 to 23 though was prepared, there was a remark given to the effect that they left Tinsukia district and settled somewhe re else and did not have any connection with the society. Learned counsel, there fore, submits that the list which is annexed as Annexure-B to the writ petition may be set aside. A further prayer for dissolution of the present governing body and appointment of an officer to run the affairs of the society was also made. Learned State counsel submits that if the petitioners ar e entitled to any compensation, they should approach the Collector under Section 18 of the 1894 Act. Relating to the prayer for setting aside the list, which is available at Annexure-B to the writ petition, and for dissolution of the presen t governing body, it is submitted by learned State counsel that in the absence o f all the persons named at the Annexure-B list as well as the members of the gov erning body of the society, the relief claimed may not be granted. Learned counsel for the respondent No.5 has also support ed the submission made by learned State counsel It appears that the petitioners have claimed that though their fathers were the original shareholders of the society in question, but in the list prepared and submitted by the respondent No.5 though their fathers’ na mes appear at serial Nos.20 to 23, a remark was given to the effect that their f athers left Tinsukia district and settled somewhere else and did not have any co nnection with the society. The petitioners have claimed the compensation on the ground that their fathers were the shareholders of the society in question. Acco rding to the petitioners, because of such action of the respondent No.5, they ar e deprived from the compensation payable for the land under the provisions of 18 94 Act. Section 18 of 1894 Act provides that any person interest ed who has not accepted the award may, by written application to the Collector, require that the matter be referred by the Collector for the determination of th e Court, whether his objection be to the measurement of the land, the amount of the compensation, the persons to whom it is payable, or the apportionment of the compensation among the persons interested. That being the position, the petitioners are required to approach the Collector within the time provided in sub-section (2) of Section 1 8 of the Act of 1894 for redressal of their grievances. Relating to the prayer for setting aside the list of sha reholders as furnished by the respondent No.5, which is available at Annexure-B to the writ petition, and also the prayer for dissolution of the governing body of the society, the same cannot be granted in the absence of the persons named i n the said list as well as the members of the governing body, as parties to this writ proceeding. It is also not in dispute that the society in question i s an existing society, and if the petitioners have any grievance they should app roach the Registrar of Cooperative Societies, Assam, under the provisions of the Assam Cooperative Societies Act 1849. In view of the above, the present writ petition is dispo sed of with the observation that the petitioners may approach the Registrar of C ooperative Societies, Assam under the provisions of the Assam Cooperative Societ ies Act 1849, and may also approach the Collection under Section 18 of the 1894 Act, subject to the period of limitation provided under sub-section 2 of Section 18 of the said Act. The writ petition is accordingly disposed of. No costs.