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2025 DAILYLAW 26706 (CAL)

HRISHIKESH MAITY v. STATE OF WEST BENGAL AND ORS.

WPA/12177/2025 · 2025-07-29

Raja Basu Chowdhury

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

29.07.2025 Item No. AD 93 Saswata WPA 12177 of 2025 Hrisikesh Maity Vs The State of West Bengal & Ors. Mr. Rudraksha Chattopadhyay …For the petitioner Mr. Srijan Nayak Mr. Ankit Sureka Mr. Biplab Das …For the respondent nos. 2 and 3 Mr. Sougata Mitra Mr. Nikhil Gupta …For the State 1. Affidavit of service filed in Court today is retained with the record. 2. Mr. Chattopadhyay, learned advocate appearing for the petitioner by drawing attention to a complaint made by the other members of the East Santoshpur Housing Cooperative Society Ltd.(hereinafter referred to as the “society”) against the petitioner. According to the petitioner although the petitioner has called upon the Secretary of the society admitting the petitioner as a member of the society by issuing a share certificate in his name as would appear from the communication dated 15th October 2024, no steps have been taken till date. 3. Subsequent representations made by the petitioner have also not been acted upon. Prima facie, it would transpire that the petitioner is interest to invoke the jurisdiction of the Registrar of Cooperative Society to adjudicate upon the dispute. However, Mr. Nayak, learned advocate appearing for the respondent nos. 2 2 WPA 12177 of 2025 and 3 would submit that the aforesaid complaint is not a form of dispute within the meaning of Section 102 of the Cooperative Societies Act, 2006 (hereinafter referred to as the “said Act”). 4. Having regard to the aforesaid, I am of the view in the event the petitioner makes appropriate complaint with the Registrar of Cooperative Society in requisite format invoking the jurisdiction under Section 102 of the said Act, the Registrar of Cooperative Societies shall ac ton the basis thereof and take steps in accordance with law. 5. With the above directions and observations, the writ petition is disposed of. 6. All parties shall act on the basis of the server copy of this order duly downloaded from this Court’s official website. (Raja Basu Chowdhury, J.)