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Calcutta High CourtWPA/3920/2026disposed

Bholanath Mitra v. State Of West Bengal And ORS.

2026-04-21Hon'Ble Justice Hiranmay Bhattacharyya3 pages

D/L- 211 21/04/2026 Ct. No.-19 Aritra WPA 3920 of 2026 Sri Bholanath Mitra Vs.

The State of West Bengal & Ors.

Mr. Partha Pratim Ray Mr. Pritam Choudhury ....for the petitioner Mr. Lalit Mohan Mahata, AGP Mr. Prasanta Behari Mahata ....for the State Mr. Arnab Ray Ms. Shrabanti Chatterjee ....for the respondent Nos.2-4 Mr. Pradip Kr. Roy, Sr. Adv.

Mr. Partha Sarathi Pal ....for the respondent Nos.5 and 6 Mr. Ankit Sureka Mr. Biplob Das ....for the respondent No.7 The petitioner approached this Court challenging the order dated January 9, 2025 passed by the Registrar of Co-operative Societies.

It is not in dispute that challenging the aforesaid order the petitioner has filed an appeal before the West Bengal Co-operative Tribunal (for short Tribunal), Kolkata, being Appeal Case No.38 of 2025.

Mr. Ray, learned advocate appearing for the petitioner submits that the petitioner filed an application for stay of operation of the order dated January 9, 2025 before the Tribunal and the learned Tribunal by an order dated March 13, 2026 fixed May 12, 2026 for hearing of

the petitions dated January 21, 2026 and March 13, 2026 and if time permits, the application for stay. Mr. Ray draws the attention of the Court to the order dated March 13, 2026 passed by the Tribunal and submits that the petitioner approached this Court since the Tribunal did not have the Coram.

The learned advocate for the State and the Cooperative Societies uniformly submits that in the meantime the Tribunal has started functioning. Such submission is not disputed by Mr. Ray, learned advocate for the petitioner. He submits that a direction be passed upon the Tribunal to take up the hearing of the stay application on the next date fixed i.e. on May 12, 2026.

Considering the fact that the Tribunal has started functioning, this Court is not inclined to entertain this writ petition at this stage.

The learned advocate appearing for the Cooperative Societies submits that the written objection to the stay application has also been filed. Thus, the stay application is otherwise ready for hearing.

WPA 3920 of 2026 stands disposed of by directing the Tribunal to take up the hearing of the stay application filed by the petitioner herein on June 4, 2024 on the next date fixed i.e. on May 12, 2026 and to dispose of the same expeditiously.

There will be no order as to costs.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Hiranmay Bhattacharyya, J.)