Emran Hossain And Others v. The State Of West Bengal And ORS.

14.12.2022.

p.b.

Sl. No.28.

W.P.A. 26474 of 2022 Emran Hossain & Ors.

Vs.

The State of West Bengal & Ors.

Mr. P. C. Bhattacharya.

.........for the petitioner.

Mr. P. K. Roy, Mr. Biplob Das, .........for the respondent no.4.

Mr. Raja Saha, Mr. Amit Kr. Ghosh.

..........for the State.

Heard learned advocates appearing for the parties. By this writ petition, petitioner has challenged the impugned notification dated 28th October, 2022 issued by the Deputy Secretary to the Government of West Bengal appointing one Sukumar Adhikari as a Special Officer under Section 36 of the West Bengal Co-operative Societies Act.

Learned advocate for the respondents oppose this writ petition by taking the point of maintainability of the writ petition on the ground of availability of statutory alternative remedy to the petitioner before the Cooperative Appellate Tribunal under Section 147 of the West Bengal Co-operative Societies Act.

Considering the submission of the parties and in view of availability of statutory alternative remedy, without

going into the merit of the case, I am not inclined to entertain this writ petition being WPA 26474 of 2022 and accordingly the same is dismissed. However, dismissal of this writ petition will not be a bar for the petitioner in taking all the points before the appellate authority, which has been raised in this writ petition.

(Md. Nizamuddin, J.)