Arup Dasgupta v. State Of West Bengal And ORS.

01.03.2023.

p.b.

Sl. No.63.

WPA 1345 of 2023 Samadrita Co-operative Housing Society Ltd. represented by its Secretary Vs.

State of West Bengal & Ors.

Mr. Mihir Kundu.

........for the petitioner.

Mr. A. Ray, Mr. D. Ghosh, Mr. D. Sahu, ........for the State.

Mr. Srijan Nayak, Mr. Biplab Das.

........for the respondent no.2 & 3.

Heard learned advocates appearing for the parties. By this writ petition, petitioner has challenged the impugned order dated 12th December, 2022, passed by the respondents Joint Registrar Co-operative Societies, West Bengal/respondent no.3.

Learned advocate appearing for the respondents opposes this writ petition by contending that the writ petition is not maintainable in view of availability of alternative remedy by way of filing statutory appeal and the petitioner without availing the said remedy, has approached this Court directly under the writ jurisdiction. Considering the submission of the parties, this writ petition being WPA 1345 of 2023 is not entertained and

the same is dismissed on the ground of availability of alternative remedy by way of filing appeal.

If petitioner files appeal within two weeks from date before the appellate authority concerned, the same shall be considered and disposed of by the appellate authority concerned on merit after considering the delay in filing the appeal for the same, if it is filed within the time stipulated herein.

(Md. Nizamuddin, J.)