Calcutta High Court (Appellete Side)
Sk. Jalaluddin & Ors vs The State Of West Bengal & Ors on 6 September, 2017
Author: Samapti Chatterjee
Bench: Samapti Chatterjee
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2017
W.P. 14226(W) of 2017
s
Sk. Jalaluddin & Ors.
Vs.
The State of West Bengal & Ors.
Mr. Ashit Kumar Chakraborty,
Mr. Sunanda Mohan Ghosh
... For the Petitioners.
Mr. D.K. Sengupta
... For the Co-operative Society.
The affidavit-of-service filed in court today be kept with the record.
Heard Mr. Chakraborty, learned Advocate appearing for the petitioners. Mr.
Chakraborty submits that without giving an opportunity of hearing, the Khowab
Housing Co-operative Society ex parte decided to expel the petitioners on the
ground that the petitioners failed to deposit the amount against their respective
flat. On the basis of that ex parte order, the Society approached before the
Registrar of the Co-operative Societies to obtain approval on the order of the
Society against the petitioners. The Registrar of the Co-operative Societies by its
order dated 20th September, 2016 approved the order of the Society thereby
directing as follows: -
1. The Society shall prepare up to date demand for each of the defaulter
members namely, Md. Tahasin, Md. Mustafa, Abdul Jabbar, Sk.
Jallaudin, Md. Munwar & Sk. Salim and communicate the said demand
to the defaulter members under proper receipt within 27/09/2016.
2. Md. Tahasin, Md. Mustafa, Abdul Jabbar, Sk. Jallaudin, Md. Munwar &
Sk. Salim shall pay the said amount as demanded by the society within
27/10/2016 and shall be committed to pay the future demand for the
sake of completion of the project. If they fail to pay their demand within
27/10/2016, the decision of the Board of Directors of the society taken
on 27/05/2015 for expulsion of Md. Tahasin, Md. Mustafa, Abdul
Jabbar, Sk. Jallaudin, Md. Munwar & Sk. Salim from their membership
shall come into immediate effect.
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Challenging the order of the Registrar of Co-operative Societies dated 20th
September, 2016, the petitioners preferred revisional application before the State
of West Bengal and by the impugned order dated 20th January, 2017, passed by
the Principal Secretary, Government of West Bengal, Co-operation Department,
the order passed by the Registrar of Co-operative Societies dated 20th September,
2016 has been affirmed. Challenging both the orders of Registrar of Co-operative
Societies and the order passed by the Principal Secretary, Government of West
Bengal, the petitioners file the present writ petition.
Mr. Chakraborty, learned Advocate appearing for the petitioners submits that
from the actual price of the respective flat the Society without showing any
reason abruptly enhanced the price of the respective flat from Rs.16.64 lakh to
24 lakh. Mr. Chakraborty submits that the Co-operative Society without showing
the break up how and in what manner abruptly enhanced the flat price from
16.64 lakh to 24 lakh. Mr. further submits that despite request, the Society also
failed to produce the records regarding enhancement of the price of the respective
flat before the Registrar of Co-operative Society.
The submission of Mr. Chakraborty is vehemently opposed by Mr. Sengupta,
learned Advocate appearing for the Society. Mr. Sengupta submits that out of 46
members, only the petitioners (six in number) failed to deposit the cost of
construction of the respective flat as a result whereof, the membership of the
petitioners has been expelled which has been approved by the Registrar of the
Co-operative Society and further affirmed by the Principal Secretary though Mr.
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Sengupta admitted that the petitioners have initially deposited only Rs.3.86
lakh(approximately).
Considering the submissions as advanced by the learned Advocate appearing
for the petitioner and after perusing the records, I find that admittedly the
petitioners have initially deposited Rs.3.86 lakh for their respective flat
measuring super built area of 1215 sq. ft. out of which Rs. 16.64 lakh which was
subsequently enhanced to Rs.24 lakh but other 42 members have already
deposited the entire enhanced prices of their respective flat barring the
petitioners that is to say Rs.24 lakh. I also find that for these six petitioners, the
Co-operative Societies is facing tremendous troubles. Therefore, I direct the
petitioners to make payment of the balance amount of their respective flat that is
to say Rs.24 lakh less Rs.3.86 lakh which has already been paid by the
petitioners for their respective flat within one month. I make it clear that if the
same area of flat that is to say 1215 square ft. super built area is not available
and if the petitioners are offer lesser sq. ft. super built area of flat or higher sq. ft.
super built area of flat by the Co-operative Societies, then the petitioners are
directed to pay the costs of those flats.
In the meantime, the respondents are restrained from giving effect or further
effect of the order passed by the Registrar of the Co-operative Society on 20th September, 2016 as well as the order passed by the Principal Secretary, Government of West Bengal on 20th January, 2017. Needless to mention if the petitioners fail to comply with the order as indicated above, then the Co-operative Societies is at liberty to give effect of the 4 order passed by the Registrar of the Co-operative Society on 20th September, 2016 as well as the order passed by he Principal Secretary, Government of West Bengal on 20th January, 2017.
With the above directions, the writ petition is disposed of. However, there will be no order as to costs.
Urgent photostat certified copy of this order, if applied for, be given to the parties on priority basis.
( Samapti Chatterjee, J. ) ks