Akashtori Co-Operative Housing Society Limited And Another v. State Of West Bengal And ORS.

12.08.2021 12.08.2021 Ct. No.10 b.das W.P.A. 10141 of 2020 (Via Video Conference) Akashtory Co-operative Housing Society Ltd. & Anr. Vs.

State of W. B. & Ors.

Mr. Sadananda Ganguly Mr. Sanjay Saha ...for the petitioner.

Ms. Chhama Mukherjee Mr. Siraj Gooptu ...for the State.

Heard the parties.

The grievance of the petitioner is directed against the wrongful and illegal acts on the part of the State respondents. In particular, the petitioner assails a Memorandum dated 19th August, 2020 issued by the State respondents.

I find that the subject premises has been acquired in a proceeding in LA Case No.153R/76-77. It also appears from the report filed on behalf of the State that the petitioner co-operative society was formed on 9th February, 2018 long after the subject premises had vested with the State and appropriate notices had been issued under the West Bengal Requisition and Acquisition Act, 1948

I also find that the petitioner is a post vesting transferee and hence there is no merit in this writ petition.

Accordingly, WPA 10141 of 2020 is dismissed. However, there will be no order as to costs.

Liberty is granted to the petitioner to take appropriate steps as advised in accordance with law. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Ravi Krishan Kapur, J.)