Calcutta High Court (Appellete Side)
Ranjan Dasgupta & Anr vs State Of West Bengal & Ors on 28 August, 2017
Author: Samapti Chatterjee
Bench: Samapti Chatterjee
1
28.8.2017
83
AKD
W.P. 13818(W) of 2017
Ranjan Dasgupta & Anr.
-vs-
State of West Bengal & Ors.
Mr. Himadri Kumar Bandopadhyay
... for the Petitioners
Mr. Baidurya Ghosal
... for the Respondent Nos. 3 and 4
Affidavit of service filed by the learned Advocate for the petitioners in Court today be kept on record.
The petitioners have filed the present writ petition for a direction upon the Secretary, Airport Authority Employees' Co-operative Society Limited to take steps on the basis of the order passed by the Joint Registrar of Co-operative Societies, RTAH Cell on 8th February, 2017 thereby amending the existing bye-laws of the Society in accordance with the WBCS Act, 2006 and WBCS Rules, 2011.
Mr. Bandopadhyay, learned Advocate appearing for the petitioners, submits that the Society is illegally demanding the penal interest on delayed payment on the basis of the bye-laws, though pursuant to the West Bengal Co-operative Societies Act, 2006 and the Rules 2011 framed thereunder never prescribed for taking penal interest on the delayed payment. Mr. Bandopadhyay further submits that on 6th June, 2007 the petitioners purchased the flats under the said Airport Authority Employees' Housing Society. Unfortunately, till date the possession of the said flats has not been given by the Society on the ground that the penal interest on delayed payment has not been made by the petitioners. Mr. Bandopadhyay further submits that against such observation, the petitioners approached before the Rajarhat Township Area Housing, 'HIDCO BHABAN' New Town, Kolkata - 156. Thereafter by the order dated 8th February, 2017 passed by the Joint Registrar of Co-operative Societies, RTAH Cell directed the Secretary, Airport Authority Employees CHS Ltd., not to charge penal interest on delayed payment. It was also directed that 2 the Airport Authority Employees CHS Ltd. will take immediate steps to amend the bye-laws of the Society in accordance with WBCS Act, 2006 and WBCS Rules, 2011 and submit a report to that effect. Mr. Bandopadhyay also submits that during the period of petitioner no. 1 when he was holding the post of Chairman of the said Co-operative Society, the bye-laws was framed. But Mr. Bandopadhyay submits that two flats have been allotted in respect of the petitioner nos. 1 and 2 in the year 2010 which is not disputed by the Society. Mr. Bandopadhyay further submits that unfortunately, very recently the Society directs the petitioners to make penal interest on the delayed payment. Mr. Bandopadhyay further submits that by order dated 8th February, 2017 passed by the Joint Registrar of Co-operative Societies, RTAH Cell, issues have been decided that the Airport Authority Employees CHS Ltd. cannot charge any penal interest on delayed payment and further the Society have to amend the bye-laws in accordance with WBCS Act, 2006 and WBCS Rules, 2011. Unfortunately, till date no step has been taken to comply with the direction dated 8th February, 2017. Hence, the present writ petition.
Per contra, Mr. Ghosal, learned Advocate appearing for the respondent no. 3 and 4, submits that the Society requires some time to amend the bye-laws as directed by the Joint Registrar of Co-operative Societies, RTAH Cell.
Such prayer is allowed.
The Society is directed to take steps on the basis of the letter dated 6th February, 2017 and amend the bye-laws and submits a report before the Joint Registrar of Co-operative Societies, RTAH Cell within a period of six weeks from the date of communication of this order.
Till such date the Society is restrained from insisting upon the petitioners to make payment towards penalty for the delayed payment. If the possession of the said respective flats of the petitioners has not been given, then the Co-operative Society is directed to hand over the possession of the said respective flats to the petitioners within a period of two weeks from the date of communication of this order.
With this direction, this writ petition is disposed of.
However, there will be no order as to costs.
3Urgent certified photostat copy of this order, if applied for, shall be given to the parties as expeditiously as possible on compliance of all necessary formalities.
( Samapti Chatterjee, J. )