S. CHATTERJI, J. ( 1 ) HAVING heard Mr. Pal for the petitioner and Mr. Bhattacharya for State it appears that the writ petitioner Sk. Sajahan has come to this Court for a Writ of Mandamus commanding the respondent authorities to dispose of the application on the basis of the documents submitted in terms of section 13 of the West Bengal Co-operative Societies Act, 1983, and to command the respondent authorities to consider the proposal for registration of the Society and for other consequential reliefs on the ground that the respondent authorities cannot ask for any other requirement other than what are mentioned under section 13 of the said Act. ( 2 ) ACCORDING to the petitioner the respondent authorities ought not to harass the petitioner by raising so many unusual requirements which are contrary to and inconsistent with the provisions of law. It is alleged that the respondent Nos. 3 and 4 have thus acted arbitrarily with malafide intention by violating the Rule of law and the said unlawful action signifies the colourable exercise of executive fiat. ( 3 ) IT is stated in detail that the petitioner is a Chief Promoter of the Ankurhati Transport Co-operative Society Ltd. , (proposed) and organised the local rural people to form a transport co-operative society for the economic development of the rural people and accordingly on 16. 9. 88 the petitioner submitted a proposal for registration of the society. The petitioner received a letter from the respondent No. 3 and filed a reply. Pursuant to further directions required documents have been filed. ( 4 ) THE petitioner made several representations and on 1. 11. 89 the matter was allegedly referred to the Chairman, Co-operative Registration Council and the statutory period has already expired, and no positive steps have yet been taken either by the registering authority or by the council as alleged. The petitioner moved a writ petition earlier. The matter was disposed of with the direction for hearing. The impugned order followed and being aggrieved the petitioner has again come to this Court seeking reliefs as indicated above. ( 5 ) THE petition is contested by the respondents by filing affidavit-in-opposition sworn in by the respondent No. 4. It is placed on record that the petitioner was represented by a learned lawyer of this Court and in the meeting held on 30. 4.
( 5 ) THE petition is contested by the respondents by filing affidavit-in-opposition sworn in by the respondent No. 4. It is placed on record that the petitioner was represented by a learned lawyer of this Court and in the meeting held on 30. 4. 90 he was requested by the council to submit a copy of the letter of the proposed society together with copies of the enclosures which was stated to have been received by the Assistant Registrar of Co-operative Societies, Howrah. The learned Advocate submitted those papers. Upon examination of the papers it has been found that the proposed society did not make any attempt except writing a letter to the Bagnan Co-operative Bank Ltd. , for transfer of the account to Howrah District Central ( Bank Ltd. The letter dated 5. 6. 89 of the proposed society to Howrah district Central Co-operative Bank Ltd. , for financial assistance was also silent about the proposed society. Considering all the aspects the Council did not interfere with the decision of the Assistant Registrar of Co-operative Societies, Howrah. ( 6 ) HAVING considered the matter in detail and the submissions made on behalf of the petitioner and the contesting respondent this Court finds that the proposal of the petitioner society has to be considered in accordance with law and the petitioner has to comply with all the requirements as warranted and/or envisaged under the Act. ( 7 ) IN order to avoid further complications and for ends of justice this Court is of the view that another opportunity should be given to the petitioner to comply with the specific requisitions to be made by the authorities concerned within 15 days from the date of communication of the order and the petitioner should comply with the same within four weeks from the date of receipt thereof. Thereafter, an opportunity of hearing should be given to the petitioner and the matter should be disposed of by a speaking and reasoned order within eight weeks from the date of filing the reply by the petitioner. ( 8 ) WITH this observation, the writ petition is disposed of. It is made clear that the previous order of rejection will not be a bar and/or impediment to comply with this Court's order. There will be no order as to costs. Petition disposed of of.