Calcutta High Court (Appellete Side)
Sn Shipra Mukherjee & Anr vs State & Ors on 26 August, 2014
Author: Debasish Kar Gupta
Bench: Debasish Kar Gupta
50 26.8.14 W.P.24120(W)of 2014
sn SHIPRA MUKHERJEE & ANR. VS. STATE & ORS.
Mr. P.K. Dutta
Mr. Siraj Gooptu
...for the petitioners
Ms. Chama Mukherjee
..for the State
None appears on behalf of the respondent nos. 4 to 7 in spite of
service of copies of the writ application upon them. Let the affidavit of service be kept on record.
This writ application is directed against the action of the respondent no.4 in the matter of transfer a plot no.427 lying and situated at 31, Rani Rashmoni Avenue, Durgapur-16 by executing an instrument.
According to the petitioners, the above step was taken by the respondent authority on the basis of an order dated July 29, 2009 passed in the writ application bearing W.P.No.2303 (W) of 2008 with C.A.N.6417 of 2009 read with an order dated April 11, 2014 passed in connection with a contempt proceeding bearing C.P.A.N.467 of 2010.
The attention of this Court is drawn towards an order passed by the respondent authority under its memo no. 2632 dated October 29, 2007 ( Annexure P/5 at page 42 of the writ application) directing the Deputy Registrar of Co-operative Societies(Law), West Bengal with regard to expulsion of the respondent no.7 from the membership of the respondent no.4. According to the petitioners, in spite of an order passed by the State authority the respondent no.7 obtained an order in connection with the above writ application suppressing the aforesaid fact.
Having heard the learned Counsel appearing for the respective parties as also after considering the fact and circumstances of this case, I find that the impugned communication was issued by the respondent authority in compliance of the order passed in connection with W.P. No.14936(W) of 1999. Therefore, necessary steps are required to be taken by the petitioners for passing appropriate order in the above writ application for redressal of their grievance. No independent order can be passed in the matter in connection with the dispute under reference during existence of the order passed in the above writ application.
In view of the above, this writ application is disposed of giving liberty to the petitioners to take steps in accordance with law in the light of the observations made hereinabove expeditiously and preferably within three weeks from date.
The respondent authority is restrained from proceeding on the basis of the impugned communication for a period of three weeks from date.
It is however made clear that no step is taken by the petitioners on the basis of the leave granted to them the respondent authority will be at liberty to proceed in the matter after expiry of the aforesaid period.
There will be, however, no order as to costs.
Urgent Photostat certified copy of this order, if applied for, be given to the parties on priority basis.
(Debasish Kar Gupta,J)