WP(C) 5381/2011 BEFORE HON’BLE MR JUSTICE B D AGARWAL Heard Mr. S Banik, learned counsel for the petitioners and Ms. HM Phukan, learne d Government Advocate. The petitioners are the elected members of the Managing Committee of Borbali Samarali S.S. Ltd. Their limited grievance is that the Regi strar of Co-operative Societies, Assam has heard an Appeal filed by some of the members of the Society (respondent Nos. 6 to 16) in this writ petition without g iving due opportunity of hearing to the petitioners. Mr. Banik, learned counsel for the petitioners submitted t hat the constitution of the Managing Committee was challenged by the private res pondents in Writ Petition No.4160 of 2011. The said writ petition was disposed o f on 24.08.2011 directing the writ petitioners (respondent Nos. 6 to 16) to file an appeal before the Registrar of Co-operative Societies and if any such appea l is filed, the same shall be decided within 45 days upon hearing all the concer ned parties including the elected members. Thereafter, the writ petitioners rece ived a letter from the aforesaid Office on 01.10.2011 wherein it was mentioned t hat though no appeal was filed, the case would be heard on 19.10.2011. Thereafte r, the writ petitioners approached this Court by way of filing writ petition bei ng WP ( C) No. 5303 of 2011. The said writ petition was disposed of on 17.10.201 1, directing the writ petitioners to raise these objections before the Registrar of Co-operative Societies whereupon the writ petition was withdrawn. The learne d counsel for the petitioners accordingly appeared before the Registrar and oral hearing took place on 19.10.2011. However, the petitioners were not furnished w ith any copy of memo of appeal and as such there was no effective hearing. The learned Government Advocate could not apprise this Court as to whether the Registrar of Co-operative Societies has passed any order on the basis of hearing that took place on 19.10.2011. However, the learned counse l for the petitioner submitted that till date, the Registrar of Co-operative Soc ieties has not passed any order. If that be so, the Registrar may give another o pportunity of hearing to the petitioners and further furnish a copy of memo of a ppeal . For this purpose, the petitioners shall appear before the Registrar on o r before 21.11.2011. However, in the meantime, if any order has been passed on t he basis of hearing that took place on 19.10.2011, the petitioners shall be at l iberty to challenge the said order before any appropriate forum taking all the g rounds raised in this writ petition as well. With the aforesaid directions, the writ petition stand s disposed of.