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Calcutta High CourtWPA/21359/2021disposed

Sukanya Saha v. State Of West Bengal And ORS.

2022-04-05Hon'Ble Justice Sabyasachi Bhattacharyya2 pages

AD. 138.

April 5, 2022.

MNS.

WPA No. 21359 of 2021 Smt. Sukanya Saha Vs.

The State of West Bengal and others Mr. Rajarshi Basu ...for the petitioner.

Mr. Biswajit De, Ms. Rajlakshmi Ghatak ...for the State.

Mr. P. K. Roy, Mr. Joydeep Roy ...for the respondent nos. 2 and 5.

Mr. Iqbal Kabir ...for the respondent nos. 11 to 13.

Affidavit-of-service filed in Court today be kept on record.

Although due service has not been effected on respondent nos. 8 and 9, in view of the nature of order proposed to be passed, further service of copy of the writ petition on the said respondents is not deemed necessary.

Learned counsel for the petitioner restricts the prayer of the petitioner for the purpose of this writ petition to a direction upon the Joint Registrar of Cooperative Societies, Co-operation Directorate, that is, the respondent no. 5 herein, to dispose of the representation containing complaints, given by the

petitioner, which is annexed at page 39 (Annexure P/6) of the writ petition.

Hence, WPA No. 21359 of 2021 is disposed of by directing the respondent no. 5 to decide on the written complaint made by the petitioner dated July 8, 2021 (Annexure P/6 at page 39 of the writ petition) in accordance with law and upon giving adequate opportunity of representation to all interested parties, as expeditiously as possible, preferably within May 31, 2022, and to communicate the decision to the petitioner within a fortnight thereafter.

It is made clear that the merits of the allegations made by the petitioner in the writ petition and in the complaint have not been entered into by this Court and it will be open to the respondent no. 5 to decide all questions connected therewith in accordance with law, without being influenced in any manner by any of the observations made herein. Since the court did not call for the respondents to use any affidavit-in-opposition, it is deemed that the allegations made in the writ petition are not admitted by the respondents.

There will be no order as to costs.

Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

(Sabyasachi Bhattacharyya, J.)