Cuttack: Orissa high court has refused to interfere with a decision of the inspector general of registration (IGR), Odisha, asking a truck owners’ association to change its proposed name before registration, holding that the name could create confusion with an existing body.Justice Savitri Ratho dismissed a petition filed by the All Odisha Truck Malik Mahasangha, Bhubaneswar, challenging the IGR’s order given on Dec 30 last year.The high court agreed with the registration authority’s reasoning. Justice Ratho noted that the names “Odisha State Truck Owner’s Federation” and “All Odisha Truck Malik Mahasangha” were similar, particularly when the English translation of the petitioner association’s name was considered.“In my opinion, the name of ‘Odisha State Truck Owner’s Federation’ and the name of the petitioner – ‘All Odisha Truck Malik Mahasangha’ – are similar,” Justice Ratho said in the Aug 7 order. She added that the similarity created a possibility of members or the public being “confused/deceived by the names”.Justice Ratho further pointed out that even if the two organisations had different areas of operation or places of functioning, such distinctions could not be discerned from their names.The All Odisha Truck Malik Mahasangha, represented by its president Puranjan Padhi, had approached the IGR seeking registration of the body, formed with the objective of promoting the interests of truck owners across Odisha. It had submitted its memorandum of association, by-laws, supporting documents and prescribed fees. During the registration process, the IGR office directed the additional district magistrate (ADM) to conduct an inquiry.The inquiry was carried out by the BDO, Bhubaneswar, following which, a report was submitted on June 21 this year. The ADM subsequently recommended registration of the association.The proposed name, however, faced an objection from the Odisha State Truck Owners Federation. Following a hearing, the IGR passed the Dec 30 order, directing the petitioner to modify its proposed name and submit a fresh registration proposal in accordance with the applicable Act and guidelines.The IGR had observed that the proposed name could be confused with names of existing registered bodies.On the scope of judicial review, Justice Ratho said the high court could not sit in appeal over the IGR’s decision when the authority had exercised its statutory powers and the order was neither perverse nor arbitrary. “Hence, I do not find any reason to interfere with the order of the IGR,” the judge said, dismissing the writ petition.
