1 IN THE HIGH COURT AT CALCUTTA [ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/338/2026 Shri Mantu Mondal Vs The Onges Multipurpose Cooperative Society Limited and others Mr. K. Vijay Kumar … for the petitioner Mr. Rakesh Kumar … for the respondents September 22, 2026 [SR] Item No.3 1. The writ petitioner was awarded a lease in respect of old coconut plantation at Dugong Creek for three years on 13.03.2024. He was permitted to take over the lease with effect from 11.04.2024 for a period of three years. More than two years thereafter, the present writ petition has been filed seeking a direction for refund of the lease amount deposited by the writ petitioner, along with interest. 2. It is submitted by the learned advocate for the writ petitioner that the lease is in respect of the land falling within a restricted area and was permitted to be operated for extracting coconuts with certain terms and conditions. 3. The petitioner was required to obtain a tribal pass to enter the area for extracting coconut in terms of the lease award to him which he could not obtain. Thus, it is submitted that the writ petitioner could not operate the lease. Therefore the amount deposited by him should be refunded. In the alternative, he submits that he may be permitted to make application before the appropriate authorities for grant of tribal pass. 4. Learned advocate for the respondents raises objection regarding maintainability of the writ petition against the 2 cooperative societies. He has relied upon the decision of the Coordinate Bench in the case of NRS Agro Pvt. Ltd. vs. Bhagirathi Co-operative Milk Producer’s Union Ltd., and others in MAT/24/2024. The judgment of the Coordinate Bench is dated 20.06.2024. Relevant extract of the judgment: “21. Having considered the above citations relied by the learned counsel for the petitioner, we find that the respondent private co-operative society (petitioner) does not discharge any public duty for the collective benefit of the public. We, also find that there is no government control whatsoever into the affairs or management of the same and the society is governed by its own bye-laws. 22. We, therefore, find no reason to interfere with the decision of the learned Single Judge that the present petitioner has failed to pass the test of maintainability of the writ petition against a private milk supply co-operative society; and, therefore, refusing to exercise the writ jurisdiction in the matter.” 5. In the present case also, the society against whom the lease is sought is not discharging any public duty for the collective benefit of the public. No government control is also stated so as to justify the maintainability of the writ petition against the co-operative society. 6. This Court therefore finds that no case is made out for issuance of writ against the respondent-cooperative society. 7. Insofar as the submission regarding liberty to obtain a tribal pass, this Court finds no reason to comment in respect thereof, as it is open to the petitioner to make application in this regard, in accordance with law. 8. The writ petition is accordingly dismissed. 9. All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court. ( Madhuresh Prasad, J. )