Samir Roy v. State Of West Bengal And ORS.

24th March, 2023 (D/L No.17) (SKB) W.P.A. 9435 of 2022 Samir Roy

Versus

The State of West Bengal and others Mr. Anil Kumar Chattopadhyay, Mr. Dinesh Pani ... for the petitioner.

Mr. Subhabrata Datta, Mr. Banibrata Datta ... for the State.

Mr. Tapas Kumar Dey ... for the respondent nos.7 to 9.

The petitioner seeks redressal of his grievance through the response of the Registrar of Firms, Societies and Non-Trading Corporation, West Bengal to a representation made by the petitioner to the said authority on 28th April, 2022.

Learned counsel appearing for the petitioner submits that the representation points to certain activities carried on by individuals who are not members of the Amta Sporting Club, Howrah. The petitioner also complains that although the petitioner sent a lawyer's letter to the existing Committee of the Club, such letter was not responded to.

Learned counsel appearing for the State as well as the private respondents takes the point of maintainability on the Registrar of Firms not being authorised to consider the complaint of this nature. However, learned counsel appearing for the respondents have not been able to show any particular provisions in the Societies Registration Act, 1961 which

would disentitle the petitioner to approach the concerned authority for redressal of his grievance. W.P.A.9435 of 2022 is accordingly disposed of with a direction on the respondent no.2 being the Registrar of Firms, Societies & Non-Trading Corporation, West Bengal to consider the representation made by the petitioner on 28th April, 2022 and dispose it of by passing a reasoned order within six weeks from today. The petitioner and all other necessary parties shall be heard before passing a reasoned order. A copy of the reasoned order shall be made available to the petitioner within a week from the date of passing such order. It is made clear that the concerned authority shall also be at liberty to deal with the points, which the petitioner raises before the authority.

It is made clear that the court has not gone into the merits of the case.

Since affidavits have not been called for, allegations made in the writ petitioner are deemed to be not admitted.

(Moushumi Bhattacharya, J.)