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Calcutta High CourtWPA/2668/2023dismissed

Alapan Cooperative Housing Society Limited And ANR v. State Of West Bengal And ORS.

2023-03-01Hon'Ble Justice Md. Nizamuddin2 pages

01.03.2023.

p.b.

Sl. No.65.

WPA 2668 of 2023 The Alapan Co-operative Housing Society Ltd. & Anr. Vs.

State of West Bengal & Ors.

Mr. Sanjoy Saha.

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

Mr. Pradip Kr. Roy, Mr. Prabir Kr. Ray, Mr. Joydeep Roy.

........for the respondent no.4.

Mr. Srijan Nayak, Ms. Rituparna Maitra, Mr. Biplab Das.

........for the respondent no.3.

Mr. Ankit Sureka, Mr. Saikat Sen, Mr. Asis Dutta.

........for the respondent no.5.

Heard learned advocates appearing for the parties. The writ petitioner being a co-operative society has filed this writ petition for seeking relief of direction upon the Secretary Co-operative Department, Government of West Bengal for considering its application for review of the revision order, under Section 148(1) of the West Bengal Co-operative Societies Act, 2006, filed on 8th August, 2022. Learned advocates for the respective parties representing the respondents oppose this writ petition by contending that no relief could be granted in this writ petition since the board of the society in question is not in

existence and the society is represented by the Secretary and at present, there is no Secretary.

Considering the facts and circumstances of this case and submission of the parties I am not inclined to entertain this writ petition being WPA 2668 of 2023 and accordingly the same is dismissed. However, dismissal of this writ petition will not be a bar on the part of the respondent concerned to consider the application of the petitioner dated 8th August, 2022 if it is liable to be considered under the law.

(Md. Nizamuddin, J.)