Siddhartha Majumdar And ANR v. State Of West Bengal And ORS
OD-7 ORDER SHEET WPO No.438 of 2025
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction ORIGINAL SIDE SIDDHARTHA MAJUMDAR & ANR.
-VSSTATE OF WEST BENGAL & ORS.
BEFORE:
The Hon'ble JUSTICE AMRITA SINHA Date: 20th June, 2025.
Appearance:
Mr. Alok Chatterjee. Adv.
Mr. Abhimanyu Banerjee, Adv.
Mr. Shivam Adhikary, Adv.
Mr. Arghya Mullick, Adv.
.... for the petitioners.
Mr. Vimal Kr. Shahi, Ld. AGP.
Mrs. Pratiti Das, Adv.
...for the State.
Mr. Raghunath Chakraborty, Adv.
Mr. Pradeep Pandey, Adv.
...for the Respondent No.3.
Mr. Tanmoy Mukherjee, Adv.
Mr. Souvik Das, Adv.
...for the Respondent No.4.
1.
The petitioners' representation dated 6th June, 2025 is pending consideration before the competent authority under Section 3(g) of the West Bengal Apartment Ownership Association Act, 1972. 2.
It appears that there are several disputes in between the unit holders. An election of the Board of Managers from the members of the Association is scheduled to be conducted on 22nd June, 2025. 3.
Within a short period of time, it is not possible for the Court to hear and decide the disputes of the parties conclusively. The disputes have already been referred to the competent authority.
4.
The competent authority is, accordingly, directed to take steps to consider the representation in accordance with law, after giving a reasonable
opportunity of hearing to all the necessary parties and by passing a reasoned order at the earliest, but positively within a period of four weeks from the date of communication of this order. If any remedial and correctional measures are required to be taken, the said authority shall act accordingly.
5.
It is made clear that this Court is not interfering with the process of the election.
6.
The writ petition stands disposed of.
7.
Urgent photostat certified copy of this order be supplied to the parties, if applied for, be supplied to the parties, upon compliance of all legal formalities.
(AMRITA SINHA, J.) nm