Bibek Ranjan Sarkar v. State Of West Bengal And ORS.

WPA 10074 of 2026 Item- 211.

05-05-2026 Bibek Ranjan Sarkar

Versus

State of West Bengal & Ors.

Ct. 19 sg Mr. Yashraj Roy ...for the petitioner Mr. Ankit Sureka Mr. Biplab Das ...for the respondent nos.2 to 4 Mr. Debashis Banerjee Mr. Subrata Saha Mr. Rakesh Jana Mr. Abhik Biswas Mr. Mithun Das ...for the respondent nos.5 to 7 Affidavit of service filed in Court is taken on record. The learned Advocate appearing for the petitioner submits that the 4th respondent has not been properly described in the cause title of the writ petition. He submits that in spite of "Additional Registrar", concerned "Assistant Registrar" has been impleaded.

Leave is granted to the learned Advocate for the petitioner to amend the cause title insofar as the description of the fourth respondent is concerned.

The learned advocate for the petitioner shall be obliged to supply the amended cause title of the writ petition to the learned advocates for the respective parties. The petitioner, who claims to be a member of Neelachal Abasan Co-Operative Society Ltd., alleges that a dispute cropped up between the petitioner and the Society pertaining to a car parking space being No.23 under the building "PURBA".

The learned Counsel appearing for the petitioner submits that though several representations have been submitted by the petitioner before various authorities but no

decision on such representation has been communicated to the petitioner till date.

Mr. Sureka, learned Counsel appearing for the respondent nos.2, 3 and 4, submits that the petitioner has to file an appropriate dispute case under the provision of Section 102 of the West Bengal Co-operative Societies Act, 2006 and if such a dispute case is filed, the concerned respondent authority shall consider and dispose of the same in accordance with law.

The learned Advocate for the Cooperative Housing Society submits that the petitioner is a defaulter in paying of the dues to the Housing Co-operative Society since 2004. Such submission is disputed by the learned Advocate for the petitioner. The learned Advocate for the petitioner prays for leave to file an appropriate dispute case before the concerned authority.

If a dispute case in the light of the provision contained in section 102 of the West Bengal Co-operative Societies Act, 2006 read with Rules framed thereunder, is filed before the concerned authority, such authority shall consider and dispose of the dispute case in accordance with law after affording an opportunity of hearing to the petitioner, Co-operative Housing Society and any other persons who may be affected by such decision or their authorized representatives and communicate the reasoned order immediately thereafter.

The entire process shall be completed by the said respondent as expeditiously as possible but positively by the end of the month of August 2026 without granting any unnecessary adjournment to either of the parties.

With the above directions, this writ petition stands disposed of.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(Hiranmay Bhattacharyya, J.)