Calcutta High Court
Greatwall Distributors Pvt. Ltd. & Ors vs The State Of West Bengal & Ors on 3 January, 2025
Author: Amrita Sinha
Bench: Amrita Sinha
OD-4
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
ORIGINAL SIDE
WPO/1208/2024
GREATWALL DISTRIBUTORS PVT. LTD. & ORS.
VS
THE STATE OF WEST BENGAL & ORS.
BEFORE:
The Hon'ble JUSTICE AMRITA SINHA
Date : January 3, 2025.
Appearance:
Mr. Ratnanko Banerji, Sr. Adv.
Mr. Shaunak Mitra, Adv.
Mr. Dripto Majumdar, Adv.
Mr. C. K. Deora, Adv.
..for Petitioners.
Mr. Sudhasatva Banerjee, Adv.
Mr. Zeeshan Haque, Adv.
Md. Zohaib Rauf, Adv.
Mr. Prithish Chandra, Adv.
...for Respondent nos. 3 to 7.
Mr. Debangshu Dinda, Adv.
...for the State.
1. The petitioners are aggrieved by the act of the Competent Authority in registering the Apartment Owners' Association and issuing the registration certificate under the provision of the West Bengal Apartment Ownership Act, 1972. A representation before the Competent Authority was made in May, 2024 followed by further representation in December, 2024. None has been answered till date. The petitioners pray for interim order restraining the Association from taking any steps pursuant to the registration certificate that has been issued.
2. Learned counsel representing the private respondents submits, upon instruction that, there has been gross suppression of material facts. There are 2 two civil suits pending between the parties. The petitioners have approached this Court long after the cause of action arose.
3. Learned advocate representing the State respondents submits that a notice has already been issued by the Competent Authority dated 27 th December, 2024 addressed to the President of Middleton Manor Owners' Association for submission of written reply within a fortnight from the date of receiving the letter. A copy of the letter dated 27th December, 2024 has been handed over in Court today by the learned Advocate representing the State respondents, wherefrom it appears that the said letter was despatched only on 31 st December, 2024 and the same is yet to be received by the recipients.
4. The Court has heard the parties in details. It appears that the writ petition cannot be decided without granting opportunity to the respondents to file their affidavit.
5. The respondents are, accordingly, directed to file affidavit-in-opposition by 24 th January, 2025. Reply thereto, if any, be filed by 7th February, 2025.
6. Liberty to mention the matter for hearing immediately after completion of affidavits.
7. Affidavit of the State shall include all documents which led to the issuance of the certificate of registration in favour of the Association, including the notices which may have been addressed and sent to the petitioners.
8. Prayer for interim order made by the petitioners cannot be allowed at this stage because it appears that the petitioners got knowledge of the registration way back in May, 2024 but has come up with the writ petition only in the 3 month of December, 2024. The Court intends to decide the matter only after hearing all the parties upon exchange of affidavits.
9. It is made clear that the Court is not entering into the issue of title or ownership of any of the areas involved in the subject instrument and the writ petition is only restricted to the issuance of the certificate of registration by the Competent Authority.
(AMRITA SINHA, J.) nm