Calcutta High CourtWPA/9811/2020dismissed

Barrackpore Co Operative Colony Limited v. State Of West Bengal And ORS.

2021-06-23Hon'Ble Justice Abhijit Gangopadhyay2 pages

23rd June, 2021 (S/L No.1) (SKB) W.P.A. 9811 of 2020 (Via Video Conference) Barrackpore Co-operative Colony Limited and another

Versus

The State of West Bengal and others Mr. Kaushik Dey Ms. Shraboni Sarkar ... for the petitioners.

Mr. Soumitra Bandyopadhyay, Mr. Subhasis Bandyopadhyay ... for the State.

The petitioners have filed this writ application praying for a direction upon the respondents authorities to accept the amount of Rs.3702.52p. as well as Rs.1,60,648.67p. from the petitioners as stated in Memo No.17988-L.Dev. dated 8th December, 1967.

My attention has been drawn by the learned advocate appearing for the State to Annexure 'P-8' which is the aforesaid memo dated 8th December, 1967. From the said memo, it appears that the society being the petitioner no.1 failed to deposit the balance of the land acquisition cost amounting to Rs.3702.52p. and also failed to discharge an imperative decretal liability of Rs.1,60,648.67p. It was also mentioned in the said annexure that if the society meets up all the liabilities and pays up the dues, government would be only too glad to restore it into existence to take charge of the scheme.

For the last 54 years nothing has been done by the society and suddenly it wakes up from deep slumber and has come up with a prayer as aforesaid.

I find this application is wholly unsustainable after such a long interval and it has been filed with mischievous intention. No relief can be granted to the petitioners in this matter and the writ application is dismissed with costs of Rs.2,000/- to be paid to the High Court Legal Services Authority within a period of two weeks from date and the learned Registrar General will file a report before this court after three weeks as to the compliance of this order. If cost is not paid by the petitioners, necessary order will be passed in this writ application.

Except for the above purpose, the writ application comes to end and is dismissed as aforesaid.

(Abhijit Gangopadhyay, J.)