Goutam Maity v. State Of West Bengal And ORS.

08.03.2021 rc/ct.no.10 Item No.10 WPA No. 525 of 2021 Mr. Prabir Banerjee ...for the Petitioner Mr. Pingal Bhattacharjee ...for the respondent nos. 4 to 7 Mr. Pradip Kumar Roy Mr. Joydeep Roy ...for the State The grievance of the petitioner is for quashing of an order dated November 05, 2020 passed in Case No. 13/2020-2021.

The petitioner had taken loan of approximately Rs.6.00 lakhs from the respondent no. 4, being the Palashpai Jotkeshab Samabay Krishi Unnayan Samity Limited. The petitioner had defaulted in the payment of such loan. The petitioner assails an order in the proceedings initiated by the respondent no. 4 under the provisions of the West Bengal Co-operative Societies Act, 2006.

On behalf of the behalf of the respondent it is submitted that there is a statutory alternative remedy available to the petitioner for redressal of his grievances. In view of the alternative remedy available to the petitioner under the 2nd Schedule of the West Bengal Cooperative Societies Act, 2006 I am of the view that the instant writ petition is not maintainable.

The petitioner has a statutory alternative efficacious remedy available and there are no grounds as to why this Court should entertain this writ petition.

Accordingly, the writ petition being WPA No. 525 of 2021 is dismissed as not maintainable.

There shall, however, no order as to costs.

The petitioner is granted liberty to exhaust the statutory alternative remedy available to him in accordance with law.

(Ravi Krishan Kapur,J)