IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Appellate Side Ct.19 24.09.26 Item No.09 Sws.M WPA 23768 of 2026 Debipur Nishana Sangha Prathamik Bohumukhi Samabay Samity Limited & Ors. VS State of West Bengal & Ors. Mr. Shounak Ghosh Mr. Rajesh Naskar …..for the petitioners Ms. Mary Datta Ms. Priti Jain …..for the respondent /State 1. Affidavit of service as filed today on behalf of the writ petitioners, is taken on record. 2. Both the writ petitioners and the respondent/State are represented by their respective learned counsel. 3. By filing the instant writ petition, the petitioners have prayed for issuance of appropriate Writ/Writs against the respondent/authorities, more specifically against the respondent No. 2, commanding him to consider the petitioners’ representation dated 08.08.2026 in accordance with law and to take appropriate steps in the event he finds that the grievances as highlighted in the said representation dated 08.08.2026 are genuine. 2 4. At the time of hearing, Mr. Ghosh, learned advocate appearing on behalf of the writ petitioners at the very outset has drawn attention of this Court to page 116 of the instant writ petition, being a copy of the representation as submitted by the writ petitioners, who are the members of the Board of Directors of the writ petitioner No. 1/cooperative society. It is submitted that it is the grievance of the writ petitioners being the members of the Board of Directors of the writ petitioner No. 1/cooperative society that one of the Board of Directors of the said cooperative society whose name has been disclosed in their representation along with some other persons are creating obstruction in the functioning of the cooperative society and thus finding no other alternative, the writ petitioners have submitted such representation on 08.08.2026. 5. It is further submitted that under Section 100 of the West Bengal Cooperative Societies Act, 2006 (the said Act in short), the Registrar and the Assistant Registrar of cooperative society is empowered to cause an enquiry and to take appropriate action. 6. Learned advocate appearing on behalf of the respondent/State in her usual fairness submits 3 that the respondent No. 2/authority may be directed to consider the representation dated 08.08.2026 as submitted by the writ petitioners in accordance with law after giving due opportunity of hearing to all the stake holders. 7. In view of such, this Court while disposing the writ petition directs the respondent No. 2/authority to consider the representation dated 08.08.2026 as submitted by the writ petitioners in accordance with law and after giving due opportunity of hearing both to the writ petitioners and the other stake holders, shall dispose of the said representation in accordance with law by passing a reasoned order. 8. Liberty is given to the respondent No. 2/authority to cause enquiry under Section 100 of the said Act in order to satisfy himself with regard to the genuineness of the grievance as highlighted by the writ petitioners under cover of their representation dated 08.08.2026 before passing the reasoned order. 9. Before parting with, it is further directed that in the event after causing enquiry the respondent No. 2 finds sufficient merit in the representation dated 08.08.2026 as submitted by the writ petitioners he is directed to take all consequential actions soon thereafter. 4 10. The entire exercise, as indicated hereinabove, shall have to be completed by the respondent No. 2/authority within 45 working days from the date of service of server copy of this order along with a copy of the representation dated 08.08.2026. 11. Liberty is given to the learned advocate-on- record for the petitioners to communicate the server copy of this order to the respondent No. 2/authority, who is directed to act on the server copy of this order. 12. With the aforementioned observations, the instant writ petition is disposed of. 13. Before parting with, it is further directed that the respondent No. 10, being the Officer-in- Charge, Mathurapur Police Station, Village- Ramnagar, PO- Mathurapur Sundarban Police District, Police Station – Mathurapur Sundarban Police District, South 24 Parganas is to see that law and order be properly maintained in the functioning of the writ petitioner No. 1/cooperative society and to ensure that no violence takes place on account of functioning of the writ petitioner No.1/cooperative society. 14. Department is directed to forward a copy of this order to the respondent No. 2 and respondent No. 10/authorities forthwith. 5 15. Urgent Photostat certified copies of this order, if applied for, be supplied to the parties upon compliance with all the necessary formalities. (Partha Sarathi Sen , J.)