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2004 DIGILAW 222 (CAL)

LAKSHMIRANI GARAI v. STATE OF WEST BENGAL

2004-03-24

PRANAB KUMAR CHATTOPADHYAY

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PRANAB KUMAR CHATTOPADHYAY, J. ( 1 ) THE petitioner has filed this writ petition questioning the applicability of the provisions of the Bengal Public Demands Recovery Act for recovery of the dues of the Co-operative Bank. The petitioner has questioned the certificate proceedings on the aforesaid ground that the provisions of the Bengal Public demands Recovery Act are not at all applicable for recovery of the dues of the petitioner. In view of the provisions of section 132 of the West Bengal Co- operative Societies Act, 1983 any sum payable to the Co-operative Society in accordance with any decision shall be recoverable in the manner provided in the Second Schedule to the said Act and in the Second Schedule it has been specifically mentioned that the dues payable by a member or sureties or successor can be removed by the certificate officer as a public demand. The relevant provisions of section 132 of the West Bengal Co-operative Societies lakshmirani Garai vs. State of W. B. (P. K. Chattopadhyay, J.) 349 act is quoted hereunder and the relevant portion of the Second Schedule of the said Act is also quoted hereunder:"section 132. Recovery of sums due.-Any sum payable to the State government or to the Co-operative Society in accordance with any order, decision or award under this Act shall be recoverable in the manner provided in the Second Schedule to this Act or as the decree of a Court under the code of Civil Procedure, 1908 (5 of 1908 ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ". "second SCHEDULE recovery of sums due serial nature of sums due method of recovery ( 2 ) IN view of the aforesaid provisions of section 132 of the West Bengal co-operative Societies Act, 1983, I am of the view that there is no irregularity and/ or illegality in the matter of initiating the certificate proceeding for recovery of the dues of the Co-operative Bank in terms of provisions of the Bengal Public demands Recovery Act. ( 3 ) FOR the aforementioned reasons, I do not find any illegality and/or irregularity in the acts and/or actions of the respondent authorities. Therefore, i do not find any merit in the present writ petition and the same therefore, stands dismissed. ( 3 ) FOR the aforementioned reasons, I do not find any illegality and/or irregularity in the acts and/or actions of the respondent authorities. Therefore, i do not find any merit in the present writ petition and the same therefore, stands dismissed. The interim order passed earlier in the matter also stands vacated. ( 4 ) THERE will be, however, no order as to costs. ( 5 ) LET urgent xerox certified copy of this order, if applied for, be given to the petitioner as early as possible. Writ petition dismissed.