Kousik Kumar Chandra & Ors vs The State Of West Bengal & Ors
2023 Latest Caselaw 2353 Cal

5.4.2023
    ks                  WPA 7543 of 2023
  sl. 120
                  Kousik Kumar Chandra & Ors.
                                Vs
                 The State of West Bengal & Ors.

            Mr. Deepnath Roy Chowdhury,
            Mr. Vijay Verma
                        ... For the Petitioners.
            Mr. Srijan Nayak,
            Mr. Biplob Das
                       ... For the Respondent Nos. 1- 3.

Mr. Sujoy Sarkar ... For the Society.

Heard learned Advocates appearing for the parties.

Petitioners have filed this writ petition against

cessation of their membership by the Co-operative

Society in question, which is a fully private body and

does not come within the meaning of "State" under

Article 12 of the Constitution of India since the Society

is neither financed by the Government nor the

Government has any control over the Society in

question in its day to day affairs and this issue has

been settled by the Hon'ble Supreme Court in its

judgment in the case of S.S. Rana, Registrar, Co-

operative Society and Anr. reported in (2006) 11 SCC

634 and it has been followed by this court in an

unreported decision of this court dated 31st March,

2023 in WPA 2173 of 2023 in the case of Sri Suman

Sengupta and Anr. vs. Union of India and Ors.

In view of the settled position of law this writ

petition being WPA 7543 of 2023, is dismissed for

being not being maintainable.

However, dismissal of this writ petition will not be a

bar on the part of the petitioners to avail the

appropriate remedy before the appropriate forum in

accordance with law since this writ petition has been

dismissed on the ground of maintainability alone

without going into the merits of the impugned order of

the Society.

( Md. Nizamuddin, J. )