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2026 DAILYLAW 49835 (CAL)

SUKANTA GUHA AND ANR. v. THE STATE OF WEST BENGAL AND ORS

WPO/383/2026 · 2026-10-15

Partha Sarathi Sen

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

OD-1 ORDER SHEET IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE WPO/383/2026 SUKANTA GUHA AND ANR. VS THE STATE OF WEST BENGAL AND ORS BEFORE: The Hon'ble JUSTICE PARTHA SARATHI SEN Date: 15th October, 2026. Appearance: Mr. Shibnath Bhattacharya, Adv. Mr. Abhishek Bhattacharjee, Adv. …for the petitioners Mr. Sourav Sengupta, Adv. Mr. N.G. Khaitan, Adv. …for the State Mr. Barnamoy Basak, Adv. Mr. Ajitesh Pandey, Adv. Mr. Zubeen Pandey, Adv. Mr. Manish Ojha, Adv. …for respondent no. 7 1. The writ petitioners, the respondent State and its instrumentalities and the respondent no. 7, Co-operative Society are represented by their respective counsel. 2. By filing the instant writ petition, the writ petitioners have prayed for issuance of appropriate writ/writs against the respondent authorities commanding them to provide the copy of the complaint as made against the present writ petitioners by the respondent no. 7, Co-operative Society pursuant to which a proceeding under Section 100 of the West Bengal 2 Co-operative Societies Act, 2006 (the ‘said Act’ in short) was initiated and the writ petitioners have received the notice. 3. At the time of hearing, learned counsel appearing on behalf of the writ petitioners draws attention of this Court to page nos. 27 and 28 of the instant writ petition, being the copy of the letter of request addressed to the respondent no. 4 Authority, whereby and whereunder the writ petitioners have requested the said authority to provide a copy of the complaint along with all supporting documents as received by him against the present writ petitioners. It is submitted that since the requisition of the said letter was not complied with, the writ petitioners are constrained to file the instant writ petition. 4. Learned advocate appearing on behalf of the respondent no. 7, Co- operative Society, in his usual fairness, submits before this Court, that the respondent no. 7 is agreeable to provide the copies of the written complaint along with all documents as submitted against the present writ petitioners. 5. In view of such, this Court while disposing the instant writ petition directs the respondent no. 7, Co-operative Society to provide copies of the written complaint along with all supporting documents as lodged against the present writ petitioners positively within the last day of October, 2026 and to file proof of service before the respondent no. 4 Authority. 3 6. Before parting, it is further directed till supply copy of the complaint, the respondent no. 4 shall not proceed with the enquiry proceeding. However, in the event of filing of proof of service, he will be at liberty to proceed with the said enquiry proceeding soon thereafter. 7. With the aforementioned observation, WPO 383 of 2026 is disposed of. 8. It is further directed that the respondent no. 4 Authority shall conclude the proceeding of enquiry within the meaning of Section 100 of the said Act positively by the last day of December, 2026 without granting unnecessary adjournments to either side. (PARTHA SARATHI SEN, J.) TR/