Santu Malick & Ors vs The State Of West Bengal & Ors
2022 Latest Caselaw 2296 Cal

22.04.2022
sayandeep
Sl. No. 194
Ct. No. 09


                                   WPA 15239 of 2019

                                   Santu Malick & Ors.
                                       -Versus-
                              The State of West Bengal & Ors.


                    Mr. Raja Saha
                    Mr. Amit Kr. Ghosh
                                                       ...... for the State
                    Mr. P.K. Roy
                    Mr. Biplob Das
                                           .... for the respondent no. 2

Mr. Ashit Kr. Chakraborty Mr. Sunanda Mohan Ghosh .... for the respondent nos. 5 & 8

When the matter is called on for hearing, none

appears for the petitioners, although the writ petition

was substantially heard on the previous occasions and

was fixed today for further hearing and passing orders.

Learned counsel appearing for the respondent

Nos. 5 and 8 submits, in continuation of his earlier

submission, that the writ petition is not maintainable,

since the Co-operative Society concerned does not fall

within the contemplation of Article 12 of the

Constitution of India.

Learned counsel, apart from citing the judgment

of S.S. Rana vs. Registrar, Coop. Societies and Another,

reported at (2006)11 SCC 634, also cites an unreported

judgment of a co-ordinate Bench dated September 19,

2018 passed in WP 2016(W) of 2016, where in the case

of a similar society, the learned Single Judge had been

pleased to dispose of the writ petition as not

maintainable and to relegate the matter to the Assistant

Registrar of the Co-operative Societies.

In the light of the ratio laid down in the judgment

of the Supreme Court and the co-ordinate Bench of this

Court, WPA 15239 of 2019 is disposed of as not

maintainable, with liberty to the petitioners to approach

the Assistant Registrar, Co-operative Societies, Howrah

that is, respondent No. 3, to ventilate the grievances as

taken in the present writ petition. If so approached, the

Assistant Registrar, that is, respondent No. 3 shall

endeavour to dispose of the dispute in accordance with

law as expeditiously as possible, preferably within four

weeks from the date of such approach.

The parties shall act on the written

communication of the learned Advocates for the parties,

accompanied by server copies of this order, without

insisting upon prior production of a certified copy, for

the purpose of the implementation of the same.

There will be no order as to costs.

Urgent photostat certified copies of this order, if

applied for, be made available to the parties upon

compliance with the requisite formalities.

(Sabyasachi Bhattacharyya, J.)