Calcutta High Court (Appellete Side)
Kabita Ghosh Roy vs The State Of West Bengal & Ors on 29 September, 2023
Item No.399
In the High Court At Calcutta
Constitutional Writ Jurisdiction
Appellate Side
29.09.2023
Ct-24
WPA 7090 of 2023
Kabita Ghosh Roy
v.
The State of West Bengal & Ors.
Mr. Uday Sankar Chattopadhyay
Mr. Suman Sankar Chatterjee
Ms. Snigdha Saha
Mr. Pronay Basak
Ms. Aishwarya Dutta
... for the petitioner.
Mr. P.K. Roy
Mr. Ankit Sureka
Mr. Biplob Das
... for the respondent nos. 3 & 4.
The husband of the petitioner was a member of
Samadrita Co-operative Housing Society Limited in
respect of Flat No. A-2/4. On the death of her husband
the petitioner applied for membership.
The Housing Society intimated the Deputy
Registrar of Co-operative Societies by a communication
dated March 19, 2019 that as the documents submitted
by the petitioner does not include the schedule of the flat
of which the petitioner claims ownership, her prayer for
membership cannot be allowed. The Society requested
the Deputy Registrar to advise the petitioner to submit
her prayer with the Society fulfilling the conditions i.e.
submission of succession certificate to enable the
Society to consider her membership.
The petitioner is aggrieved by the same.
It has been submitted that succession certificate
cannot be obtained in respect of immovable properties.
In support of the aforesaid submission the petitioner
relies upon the judgment delivered by this Court on
February 17, 2008 in the matter of Sunanda Sarma &
Ors. v. State of West Bengal, reported in (2008) 2
CHN 4 wherein the Court categorically held that
succession certificate can be granted in respect of debts
and securities and not for any other property.
Learned advocate representing the respondent
authorities submits that the petitioner has to approach
the Registrar with her prayer for grant of membership
instead of approaching this Court for relief.
Reliance has been placed on Section 64(3) of the
West Bengal Co-operative Societies Act, 2006.
I have heard the submissions made on behalf of
both the parties. It appears that the Society mis-
appreciated the law and sought for succession certificate
from the petitioner. In the communication made by the
Society to the Deputy Registrar of Co-operative Societies,
it is clearly mentioned that the flat in question is
recorded in the name of Dilip Ghosh Roy. The recorded
owner incorporated the name of Smt. Kabita Ghosh Roy
as his nominee. The aforesaid Smt. Kabita Ghosh Roy
pre-deceased Dilip Ghosh Roy. After the death of Smt.
Kabita Ghosh Roy the recorded owner married the
petitioner herein. None else apart from the petitioner
claims ownership of the said flat. The marriage of the
petitioner is reported to be registered before the Marriage
Registrar.
It was highly improper for the Co-operative Society
to seek for the succession certificate in respect of the flat
in question. The Housing Society erroneously referred
the matter to the Deputy Registrar of Co-operative
Societies.
As the Registrar of Co-operative Societies is the
competent authority to take a decision in the matter,
accordingly, the petitioner is granted leave to approach
the Registrar of Co-operative Societies.
The Registrar, Co-operative Societies shall take a
decision in the matter in accordance with law after
giving opportunity of hearing to the petitioner or her
authorized representative and the Housing Society and
pass necessary order in the matter at the earliest but
positively within a period of eight weeks from the date of
communication of this order.
The writ petition stands disposed of.
Urgent certified photocopy of this order, if applied
for, be supplied to the parties expeditiously on
compliance of usual legal formalities.
Sh (Amrita Sinha, J.)
