Mihir Ranjan Roy v. State Of West Bengal And ORS.

29.04.2025 sb Ct 5

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 5162 of 2025 Mihir Ranjan Roy

Versus

The State of West Bengal & Ors.

Mr. Rabindra Nath Bag Mr. Ashoke Prasad Mr. Soumaydeep Biswas Mr. Sandipan Samanta Mr. Piyas Chowdhury ... For the petitioner.

Mr. Gourav Das Ms. Tanushree Mukherjee ... For the State.

Mr. Ankit Sureka Mr. Biplab Das Mr. Asis Dutta ... For the respondent nos. 2 and 3.

Mr. K. K. Pathak ... For the respondent nos. 4 to 6

1. The present writ petition has been filed, inter alia, praying for an order cancelling and setting aside the Annual General Meeting held on 9th March, 2025. Since, the petitioner complains irregularities in relation to functioning of the cooperative society and transacting of business by the Board and since, the cooperative society was not represented on 2nd April, 2025, this Court had directed the respondent no. 3 or its delegate to visit the cooperative society and to file a report as regards the state of affairs prevailing thereat.

2. Pursuant to the aforesaid, a report has been filed in

Court on behalf of the respondent no.3, which is taken on record. From the aforesaid report, it would transpire that the last Annual General Meeting was held on 9th March, 2025, which was attended by 21 members of the society and quorum as per the by-laws was achieved.

3. Today the parties are represented.

4. Having heard the learned advocates appearing for the respective parties and noting that this matter pertains to the dispute concerning management or business or affairs of the cooperative society, and as submitted by Mr.

Pathak, learned advocate representing the respondent nos. 4 to 6 that the petitioner having already raised a dispute before the Registrar which is presently being adjudicated, I am of the view that there is no scope to pass any further order in the writ petition.

5. The writ petition stands dismissed.

6. Dismissal of the aforesaid writ petition shall, however, not interfere with the rights of the parties to agitate their respective grievances before the Registrar in the pending dispute case.

7. Let it be recorded that Mr. Pathak, representing the respondent nos. 4 to 6 has submitted in Court that the aforesaid respondents are contesting the dispute case and have taken steps to present themselves before the

arbitrator and would cooperate with the arbitrator for early disposal of the proceedings.

(Raja Basu Chowdhury, J.)