Calcutta High Court (Appellete Side)
Sandip Bhattacharya vs The State Of West Bengal & Ors on 14 February, 2017
Author: I.P. Mukerji
Bench: I.P. Mukerji
1
04 14.2.17
W.P. 7935(W) of 2016
Sandip Bhattacharya
Vs.
The State of West Bengal & Ors.
Mr. Pratik Prokash Banerjee
Mr. Danish Taslim
Mr. Tanweer Jamil Mandal .... For the Petitioner.
Mr. Kamal Krishna Pathak
Mr. S. Maji
Mr. S. Ghosh .... For the Respondent No. 3.
Mr. Sadhan Roy Chowdhury Mr. Tushar Sinha Mahapatra ... For the State.
Ayakar Griha Nirman Samabaya Samity Ltd. is a registered co-operative society. The petitioner's farther - in-law was an employee in the Income Tax Department. By virtue of this, the petitioner, under the rules of the Co-operative Society became entitled to apply for membership in the Society.
In 2003, the petitioner made an application to the Society for allotment of a plot of land.
When this plot of land was not allotted, he S.D. preferred a writ application in this Court (W.P. 2456(W) of 2012 Sandip Bhattacharya Vs. State of West Bengal & Ors.), which was disposed of by Mr. Justice Biswanath 2 Somadder on 7th March, 2012 directing the respondent no. 3 then i.e. the Society to take a decision on the petitioner's application.
On 24th April, 2012 a very laconic decision was made by the Secretary of the Co-operative Society to the following effect :-
"In compliance of the direction of Hon'ble Justice Biswanath Somadder passed in the above mentioned Writ Petition on 07.03.2012 the Board of Directors of the Society have considered your application dated 17.08.2003 being annexure-P1 to the Writ Petition and after discussion it was unanimously resolved to reject your said application particularly on the ground that no vacancy exits in the society.
This is for your information "
The letter dated 11th June, 2012 annexure-P/8, at page 48 of the petitioner is very important. By this letter the petitioner is said to have told the Secretary that he knew that a plot of land would be allotted to him when vacancy would arise and that he no longer had any grievance against the Society.
Mr. Banerjee submits that this letter is fabricated. This exercise was undertaken by the Co- operative Society only when on 24th May, 2012 the Joint 3 Registrar of Co-operative Society directed to cause an enquiry into the affairs of the Co-operative Society in response to the petitioner's letter dated 22nd December, 2011. The petitioner, according to learned counsel, was made to write the letter dated 11th June, 2012 annxure- P/8, at page 48 by force asking him to say that he had no grievance against the Society and that the way the Society was proceeding was acceptable to him.
Mr. Banerjee goes to the extent of saying that if his client is allowed access to the site he would be able to identify vacant plots.
In those circumstances, Mr. Shyama Prasad Ghose, Barrister-at-law and member of the Bar Library Club is appointed as a Special Officer of this Court. The Special Officer will be entitled to a remuneration 900 Gms. to be paid by the writ petitioner. The Special Officer, along with the Officials of the local Police Station, will visit the site, make an enquiry in the presence of the office bearers of the Co-operative Society and the writ petitioner as to whether there is any vacant plot and prepare a report, copies whereof are to be circulated to the parties, including the writ petitioner.
The respondent Co-operative Society will give 4 the Special Officer access to all records. If the report says that there are no vacant plots, that is the end of the matter. In that case, the petitioner will be at liberty to take other steps that may be available to him in law. If according to the report, plots are vacant, the Secretary, Ayakar Griha Nirman Samabaya Samity Ltd. will allot an appropriate plot to the writ petitioner within eight weeks of communication of the report. If the Secretary disagrees with the contents of the report and does not want to allot any plot to the petitioner he shall give detailed reasons therefor and serve the same upon the petitioner to enable him to take further steps in accordance with law, as he may be advised.
This writ application is disposed of with the above directions.
Urgent certified photocopy of this order, if applied for, be supplied to the parties on priority basis.
( I.P. Mukerji, J.) 5