15.09.2026 Sl. No. 14 (DL) Ct.No.19 (Susanta) (Bench I.D. 266052) WPA 6925 of 2025 Rajib Kumar Mondal Vs. The State of West Bengal & Ors. Mr. Imtiaz Ahmed, Ms. Ghazala Firdaus, Mr. Mohammed Arsalan, Mr. Mithun Mondal, …for the petitioner. Mr. Falguni Bandopadhyay, Sr. Govt. Adv., Mr. Shuvasish Sengupta, …for the State. Mr. Madan Mohan Roy, … for the Respondent nos. 5- 7. 1. The writ petitioner, the respondent State and their instrumentalities and the respondent nos. 5-7 are represented by their respective learned advocates. 2. The subject matter of challenge in the instant writ petition is the award dated 15.03.2024 as passed by the arbitrator and Co-operative Development Officer, North 24-Parganas in terms of Section 102 of the West Bengal Co-operative Societies Act, 2006. 3. After arguing for some time Mr. Imtiaz Ahmed, learned advocate appearing on behalf of the writ petitioner submits before this Court that he intends to challenge the impugned award dated 15.03.2024 before the West Bengal Co-operative Tribunal. 2 4. Mr. Imtiaz Ahmed further submits that since the present petitioner is pursuing his remedy before a wrong forum, an appropriate relief may be given to the writ petitioner as otherwise the proposed appeal as would be filed by the writ petitioner may be barred by law of limitation. 5. Such prayer is vehemently opposed on behalf of the respondent State as well as by the private respondents by saying that from the prayer portion of the instant writ petition it would reveal that the prayers of the writ petitioner are quite different since in the prayer portion of the instant writ petition, the award dated 15.03.2024 is not impugned. 6. Considering the rival submissions of the learned advocate for the contending parties it appears that Order 26 of the Code of Civil Procedure permits the plaintiff to withdraw a suit at any time and the Court cannot stand in its way. 7. In view of the innocuous prayer as made on behalf of the writ petitioner, this Court finds no impediment in allowing the prayer of the writ petitioner for withdrawal of the writ petition. 8. In view of such, WPA 6925 2025 is disposed of as withdrawn. 9. Before parting with, this Court grants liberty to the writ petitioner to approach the West Bengal Co- operative Tribunal to file an appeal challenging the impugned award dated 15.03.2024 as passed by the 3 arbitrator under Section 102 of the said Act and in the event such an appeal is filed within 45 weeks from the date of passing of this order, the said appellate authority will treat the said appeal within the period of limitation. 10. Interim order, if there be any, stands vacated. 11. Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities. (Partha Sarathi Sen , J.)