Andaman Mahila Mandal v. The Andaman And Nicobar Administration And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

WPA/536/2024 Andaman Mahila Mandal ... Petitioner Vs.

The Andaman & Nicobar Administration and Ors. ... Respondents Mr. K.M.B. Jayapal ...for the Petitioner Mr. Shatadru Chakraborty Mr. Dibesh Dwivedi ...for the Respondents November 07, 2024 (M.A.Mobin) Item No.4

1. This Court has heard the learned Advocates for Writ Petitioner and Respondent authorities.

2. In course of hearing learned Advocate for the Writ Petitioner has handed over a copy of the notice dated 12.8.2024, since the copy of the said notice though annexed with the instant Writ Petition as Annexure P-5 but not in complete form. In view of such the photocopy of the notice dated 12.8.2024 is taken on record.

3. From the materials as placed before this Court it reveals that admittedly the Writ Petitioner is a Society under the Societies Registration Act, 1860.

4. From the notice dated 12.8.2024 it reveals that the Writ Petitioner intends to publish a notice through the Respondent authorities intimating

that some erstwhile office bearers of the said Society no more remains the office bearers of the said Society on the basis of the election held lastly.

5. It is submitted that requisite fee for publication of the notice has been accepted by the Respondent authorities but no steps have been taken for publication of the same in the 'Daily Telegram' newspaper.

6. Learned Advocate for the Respondent authorities though not disputed the contention of the Writ Petitioner but he submits that since there is a whisper about pendency of an execution case in the draft notice the Respondent authorities are bit afraid in publishing the said notice.

7. On consideration of the entire materials this Court finds no justification on part of Respondent authorities for not publishing the notice dated 12.8.2024 since the same is not going to affect the interest of the Respondent authorities in any way.

8. In view of such, while disposing the instant Writ Petition Respondent authorities more specifically the Respondent nos. 2 and 3 are directed to publish the notice dated 12.8.2024 in the 'Daily Telegram' newspaper positively within a week from today. It is further made clear that

publication of such notice would not hamper the interest of the Respondent nos.2 and 3 in any way.

9. Learned Advocate for the Respondent authorities is hereby requested to communicate the server copy of this order to the Respondent nos.2 and 3 forthwith.

10.

Respondent nos.2 and 3 are directed to act on the Server copy of this order.

11.

With aforementioned observation instant Writ Petition is disposed of.

12.

Urgent Photostat certified copy of this order be supplied to the parties after compliance of all required formalities.

(Partha Sarathi Sen, J.)