2703 2025 THURSDAY Court : CB-28 Item : DL-13 Bench : SINGLE Matter : WPA Status : DO ID : 266306 AR : NANDY IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 26312 OF 2024 RAJIB SINHA MAHAPATRA & ORS. VS. THE STATE OF WEST BENGAL & ORS. MR. ABHINABA DAN, ADVOCATE ……for the Petitioner MR. ANIRUDDHA CHATTERJEE, SR. ADVOCATE MR. ABIR LAL CHAKRABORTY, ADVOCATE ……for the Respondent Nos. 3 & 4 MR. AMAL KUMAR SEN, LD. AGP MS. RESHMA CHATTERJEE, ADVOCATE …..for the State 1. Learned Advocate for the petitioners submits that the petitioners are aggrieved by the non- consideration of its representation dated 22.09.2024 to the Registrar of Firms, Societies and Non-Trading Corporation, which is annexed at page 62 of the writ-petition. 2. The petitioner submits that they are all members of Dakshin Banga Brahman Kalyan Samity (DBBKS) and that they are aggrieved by the manner in which the affairs of the society have been conducted as also by the non-convening of the Annual General Meeting (AGM) for the year 2023-24 of the said society. 3. Mr. Aniruddha Chatterjee, learned Senior Advocate, appearing for the respondent nos. 3 and 4, submits that the writ-petition deserves in limine dismissal on the score of the petitioner’s attempt to bring on record forged documents. He specifically refers to page 20 of the writ-petition which has been presented at the first page of the Memorandum of Association and Regulation of DBBKS and submits that the said Memorandum of Association is not P a g e | 2 available in totality even with the Registrar of Firms. In support of his submission he produces before the Court a certified copy of the same from where it is found that the first page of the Memorandum of Association is missing.. Mr. Chatterjee further submits that in so far as the grievance of the writ- petitioner pertaining to the non-consideration of the representation dated 22.09.2024 made to the Registrar of Firms is concerned, nothing survives for consideration inasmuch as the petitioner’s application for renewal of the registration of the society and allied services has already been rejected by the Registrar. In this regard he relies on Memo No.592-PSF dated 20.10.2024, which is a reply to an application made to the Registrar under the Right to Information Act, 2005. The said document evinces that an application for new registration of the society and allied services made by the petitioner, was rejected. 4. It is further submitted by Mr. Chatterjee that the alleged resolution dated 11.08.2024 which is shown to have been signed by Mr. Ananda Mohan Patra, is also a forged document and in support of his such contention, he produced before this Court a payment receipt of We Care Hospital which shows that Mr. Ananda Mohan Patra was in hospital at the relevant point of time. 5. It is further submitted on behalf of the private respondent that in any case nothing survives for the Registrar to decide since the AGM for the year 2023-24 of the said Society has already been held. He further submits that since the petitioners’ applications have already been declined, no right remains in the petitioners to ask for holding of the P a g e | 3 AGM of the Society. 6. It appears that there are seriously disputed questions of facts involved in the writ petition inasmuch as the issues involved herein cannot be decided on affidavit evidence and there is no use keeping the writ-petition pending. In view of the submissions made by the parties and upon perusing the materials-on-record, it further appears to this Court that since the AGM for the year 2023-24 has already been held, no cause of action survives for the present petition. 7. The petitioner submits that the AGM for the year 2023-24 was held arbitrarily and has no legal sanctity. Such submission of the writ-petitioners needs to be validated by an order of a competent forum which cannot be done in writ proceedings. 8. Therefore, the writ-petition being WPA 26312 of 2024 stands disposed of without granting any relief as prayed for. 9. It is further made clear that disposal of the writ- petition will be put a bar in the petitioners’ making any fresh representation before the appropriate authority, in accordance with law. (OM NARAYAN RAI, J.) P a g e | 4