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2008 DIGILAW 9 (CAL)

Pundarikaksha Mondal v. The State of West Bengal

2008-01-08

JAYANTA KUMAR BISWAS

body2008
Judgment Jayanta Kumar Biswas, J. The secretary of the co-operative society has taken out the writ petition, though in view of the provisions in S.23 of the West Bengal Co-operative Societies Act, 1983 he is not entitled to do that. The co-operative society is a body corporate and it is to sue in its own name. On this ground alone the writ petition is liable to be dismissed. It has been taken out by an incompetent person. Even otherwise, there is no merit in this case. The petitioner is alleging inaction on the part of the Assistant Registrar of Co-operative Societies, Suri, Birbhum in that representation of the society dated April 30th, 2007 (at page.13) was not considered by that authority. By the representation the chairman/secretary of the society requested the assistant registrar to grant permission to construct a building at a place falling outside the area of activities of the society. The question is whether the assistant registrar possessed the power to grant permission. Counsel for the petitioner concedes that there is no provision of law in the West Bengal Co-operative Societies Act, 1983 and the rules framed thereunder conferring any power on the assistant registrar of co-operative societies to grant such permission as was sought by the chairman/secretary of the society by making the representation dated April 30th, 2007. What she says is that though no provision of law entitled the society to apply for the permission to construct a building at a place falling outside the area of its activities, the assistant registrar of co-operative societies ought to have given some decision in the representation. She says that assistant registrar was at liberty either to grant the permission or to say that he was not in a position to grant it. I am unable to appreciate the arguments. When the assistant registrar was not under any statutory obligation to consider the question of granting permission to the society to construct a building at a place falling outside the area of its activities, by simply making a representation the chairman/secretary of the society was not entitled to seek a decision from him. I therefore hold that alleging inaction on the part of the assistant registrar the petitioner is not entitled to approach the writ court. For these reasons, the writ petition is dismissed. There shall be no order for costs.