17.09.2026 Sl. No. 14 (DL) Ct.No.19 (Susanta) (Bench I.D. 266052) WPA 22521 of 2026 Manjulika A Co-operative Housing Society Ltd. E.K.T.P & Anr. Vs. The State of West Bengal & Ors. Mr. S. P. Pahari. Mr. N.D. Bhattacharya, Mr. A Bandyopadhyay, … for the Petitioners. Mr. Shiv Shankar Banerjee, Mr. Akash Adak, … for the State. 1. Affidavit of service as filed today on behalf of the writ petitioners is taken on record. 2. The writ petitioners and the respondent State are represented by their respective learned advocates. 3. The subject matter of the instant writ petition is the memo darted 13.07.2026, a copy of which has been annexed with the instant writ petition at page no. 62 whereby and whereunder the respondent no.3 authority directed the writ petitioners to stop any further progress in the road construction work until further order. 4. At the time of hearing, Mr. Pahari, learned advocate appearing on behalf of the writ petitioners draws attention of this Court to Section 59 of the instant writ petition being a copy of another Memo dated 16.16.2026 as issued by the 2 respondent no. 3 authority whereby the writ petitioner was requested to maintain status quo relating to administration and others till completion of an enquiry and a decision is taken on the matter. 5. In course of his argument, learned advocate for the writ petitioners strongly contended that by no stretch of imagination, the respondent no. 3 authority being the Additional Registrar of Co- operative Society can pass an order of status quo and can pass a direction to the writ petitioners prohibiting him to progress with the road construction work till further order. 6. It is submitted that the respondent no. 3 authority while issuing the said two Memos dated 16.06.2026 and 13.07.2026 assume the power of a Civil Court and thus exceeded his limit and, therefore, said two Memos are required to be quashed by issuing appropriate writ/writs. 7. On being asked by this Court, learned advocate for the writ petitioners submits before this Court that the writ petitioners are not aware as to what prompted the respondent no. 3 authority to initiate an enquiry proceeding. 8. Per contra, Mr. Banerjee, learned advocate appearing on behalf of the State supports the impugned Memo dated 13.07.2026. 3 9. Attention of this Court was drawn to page no. 63 of the instant writ petition being a copy of the interim report on enquiry of the writ petitioner no. 1 society. 10. It is argued by Mr. Banerjee that on perusal of the interim report it would reveal that the officers of the Co-operative department finds several anomalies with regard to the functioning of the writ petitioner no.1 Co-operative Society more specifically at the instance of the writ petitioner no. 2, who claimed to be the Secretary of the said Co-operative Society. 11. It is, thus, submitted by Mr. Banerjee that the respondent no. 3 authority in the interest of justice is very much empowered to pass such orders. 12. Drawing attention to page nos. 64-68 of the instant writ petition, being a copy of the representation dated 26.07.2026 as submitted by the writ petitioner no. 2, it is argued by Mr. Banerjee that the respondent no. 2 being the Secretary of the said Society is well aware regarding the complaints made by the members of the said Co-operative Society with the Registrar of Co-operative Society and despite knowing such fact as reveals from the said representation dated 26.07.2026 no submission was made in this regard at the time of hearing. 4 13. For effective adjudication of the instant writ petition, this Court proposes to look to Section 100 of the West Bengal Co-operative Societies Act, 2006 (‘the said Act in short’) which deals with the subject of enquiry by Registrar. Section 100 of the said Act is reproduced hereinbelow in verbatim:- “100. Inquiry by Registrar. (1) The Registrar may, at any time of his own motion, hold by himself or by any person authorised by him an inquiry into the affairs of any co-operative society. (2) An inquiry under sub-section (1) may also be held on the application of- (a) the financing bank, if any, of which the co- operative society is a debtor; b) one-third of the director of the board or one-tenth of the delegates or representatives of the co- operative societies; (c) one-tenth of the members of the co-operative societies each of whom has been a member for not less than six months immediately preceding the date of application and who have deposited such security for cost, if any, as the Registrar may direct; (d) the creditors representing not less than one-half of the borrowed capital of the co-operative society who have deposited such security for cost, if any, as the Registrar may direct: Provided that the Registrar may, before initiating any action for inquiry, satisfy himself whether the 5 signatures of the applicants are genuine and whether claim of the applicants is supported by proper documents. (3) The inquiring officer may examine any book or document of the co-operative society and interrogate any past or present office bearer, member, employee of the co-operative society and any other person having transaction with the co-operative society. (4) The inquiring officer may seize any book or document of the co-operative society from its office in the manner as may be prescribed, during office hours or from any past or present office bearer and member of the co-operative society or from any person having possession of it on prior written requisition specifying therein the books and documents to be seized and the reasons therefor: Provided that the inquiring officer shall report the fact of such seizure to the Registrar together with a copy of the seizure list within the next working day and the copy of the seizure list shall also be handed over to the co-operative society or the person from whom the books and documents have been seized. (5) The Registrar shall fix the date within which the inquiry shall be completed and the report of inquiry shall be submitted to him by the inquiring officer: Provided that on an application by the inquiring officer stating the reasons for non-completion of 6 inquiry, the date fixed for completion of inquiry and submission of report may be extended by the Registrar. (6) The Registrar shall communicate the report of inquiry held under this section to the co-operative society and the applicant. (7) The Registrar upon examination of the report of inquiry is of the opinion that there has been specific contravention of some provisions of this Act, he shall, after giving parties an opportunity of being heard, issue directions to the co-operative society, any past or present member or office bearer of the co-operative society, non-compliance of which shall constitute an offence.” 14. Keeping in mind the aforementioned legislation if I look to the factual aspects as involved in the instant writ petition it reveals before this Court that there are prima facie materials before this Court that the Registrar of Co-operative on receipt of complaint of the members of the writ petitioner no. 1 Co-operative authority has initiated an enquiry proceeding and in such enquiry proceeding an interim report was received by the respondent no.3 authority wherein the respondent no. 3 authority prima facie noticed some anomalies with regard to the functioning of the Co-operative Society. 7 15. On perusal of the page nos. 64-68 of the instant writ petition it reveals further that against such interim report the writ petitioner no.2 has submitted his objection. 16. At this juncture, if I again look to the provision of Section 100 of the said Act it appears that in course of enquiry proceeding the enquiry officer was empowered to examine any book or document of the Co-operative Society and he has also power to seize them. 17. It further appears that it is further legislative mandate that the Registrar is empowered upon examination of the report of enquiry to pass appropriate direction in the event it has been noticed by him that some specific contravention of the provisions of the said Act had occurred. 18. At this juncture, I also propose to look to Section 40 of the said Act which is reproduced hereinabelow:- “40. Power of State Government to issue directive.- The State Government may for the reasons to be recorded in writing and after giving the co-operative society an opportunity of being heard at any time issue directive to any co- operative society or any class of co-operative societies to modify its policies in the manner specified in such directives or to take such other action as the State Government may consider 8 necessary or expedient in the interest of such co- operative society or class of co-operative societies or of co-operative movement in general.” 19. On careful perusal of the Section 40 of the said Act it appears to this Court that in an appropriate case the State Government in the interest of a Co- operative Society is empowered to take appropriate action. 20. On harmonious reading of Section 100 and Section 40 of the said Act it appears to this Court that when respondent no. 3 authority has initiated an enquiry proceeding with regard to the functioning of the writ petitioner no. 1 society at the behest of the writ petitioner no.2 who is the Secretary of the said Co-operative Society and in course of enquiry an interim report has been obtained by the respond no. 3 authority regarding some illegality and irregularities, he is very much empowered to pass the order of status quo as well as to pass a direction to the respondent no.2 to stop any further progress in the road construction till the disposal of the enquiry. 21. It thus appears to this Court that the power exercised by the respondent no. 3 authority while issuing the Memo dated 19.02.2026 and 13.07.2026 is according to the spirit of the said Act and for effective adjudication of the enquiry proceeding. 9 22. In view of such, this Court is not inclined to interfere with the aforementioned two impugned Memos and with that observation the instant writ petition is dismissed. 23. Before parting with, this Court, however, directs the respondent no. 3 authority to conclude the enquiry proceeding as initiated by him positively within 90 working days from the date of communication of the server copy of this order. 24. It is pertinent to mention herein the before passing a final order in such enquiry proceeding, respondent no. 3 authority shall give due adherence to the representation dated 26.07.2026 as submitted by the writ petitioner no. 2 and also give an opportunity of hearing to the writ petitioner no. 1 and/or authorized representative and the other stakeholders. 25. 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.)