Sougata Dutta v. The State Of West Bengal And ORS.

Sl. No.A2403 02.01.2025 Suman Ct. 15 WPA 17218 of 2024 Sougata Dutta Vs.

The State of West Bengal and Ors.

Mr. Ovik Sengupta Mr. Vijay Verma ..for the petitioner Mr. Srijan Nayak Mr. Asis Dutta ..for respondent nos. 2 and 3 Let the affidavit of service filed by the petitioner be kept on record.

Despite service, respondent No. 4 is not represented.

By an order dated February 2, 2024, the Assistant Registrar of Cooperative Societies, Cooperation Directorate, Kolkata Range Office, directed that the petitioner be considered a member of the Park Street Fee Parking Cooperative Society Limited (respondent No. 4), with effect from February 2, 2024.

Subsequently, the petitioner initiated a proceeding under Section 142 of the West Bengal Cooperative Societies Act, 2006, before the concerned Registrar,

seeking enforcement of the order dated February 2, 2024. This proceeding was disposed of by the Registrar on April 4, 2024, with the following observations: "Despite knowledge about the said order the society has yet not complied with the same. This action on the part of the society is seriously viewed and it is ordered that the Secretary of the society shall forthwith issue share certificate to the applicant and complete all other formalities regarding membership of the applicant within three days from the date of this order and submit compliance report within 5 days from the date of this order."

The learned advocate appearing for the petitioner submits that despite the order dated April 4, 2024, the society has refused to induct the petitioner as a member. It appears that the petitioner has made a representation to the concerned Registrar of the Cooperative Society, by a communication dated May 22, 2024, seeking implementation of the order dated April 4, 2024. I find no justification for keeping this writ petition pending.

In view of the above, this writ petition is disposed of with a direction to respondent No. 3 to consider the representation dated May 22, 2024, in accordance with the law, and take the necessary steps for the implementation of the order dated April 4, 2024, against the society.

Accordingly, WPA 17218 of 2024 is disposed of.

Urgent photostat certified copy of this order, if applied for, be supplied to the learned advocates for the parties on usual undertakings.

(Kausik Chanda, J.)