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2017 DIGILAW 603 (CAL)

Ayakar Grihanirman Samabaya Samity Ltd. v. Sandip Bhattacharyya

2017-07-10

BISWANATH SOMADDER, SANKAR ACHARYYA

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JUDGMENT : BISWANATH SOMADDER, J. 1. By consent of the parties, the appeal is treated as on day's list and taken up for consideration along with the connected applications. The appeal arises out of a judgment and order dated 14th February, 2017, passed by the learned Single Judge in W. P. 7935 (W) of 2016 (Sandip Bhattacharya v. The State of West Bengal & Ors.). By the said judgment and order, the writ petition was disposed of with the following directions:- "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 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 cage, 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. 2. This writ application is disposed of with the above directions." The appellant before us is the concerned cooperative society, namely, The Ayakar Grihanirman Samabaya Samity Ltd. 3. Several issues are sought to be raised in the instant appeal, which, according to us, are usually not entertainable in an Intra-Court Mandamus Appeal. The issues are quite factual in nature. In an Intra-Court Mandamus Appeal, no interference is usually warranted unless the impugned judgment and order suffers from palpable infirmities or perversities. Several issues are sought to be raised in the instant appeal, which, according to us, are usually not entertainable in an Intra-Court Mandamus Appeal. The issues are quite factual in nature. In an Intra-Court Mandamus Appeal, no interference is usually warranted unless the impugned judgment and order suffers from palpable infirmities or perversities. No such palpable infirmities or perversities are noticed on the plain reading of the impugned judgment and order. However, since the appellant has raised certain issues which are quite factual in nature, the same falls squarely within the realm of disputes, which are required to be dealt with under the provisions of Chapter XI of the West Bengal Co-operative Societies Act, 2006 (as amended till date). 4. As such, keeping all relevant issues open for adjudication by an arbitrator to be appointed by the competent authority under the Registrar of Co-operative Societies, we grant liberty to the appellant to file an appropriate application before the Registrar of Cooperative Societies, in terms of this order, positively within a period of four weeks from date. 5. We make it clear that the appellant will be at liberty to raise, inter alia, the factual issue with regard to the letter dated 11th June, 2012, which was placed before the learned Single Judge and was stated to be a fabricated document by the learned counsel for the writ petitioner. Similarly, the respondent/writ petitioner shall also be at liberty to stand by its contention with regard to the letter dated 11th June, 2012, as recorded in the order passed by the learned Single Judge. 6. It is expected that the arbitrator to be appointed by the competent authority of the Registrar of Co-operative Societies, in terms of this order, shall adjudicate the matter as expeditiously as possible and shall not be influenced by any observation made either in this order or in the order passed by the learned Single Judge. 7. The appeal and the applications are accordingly disposed of. Urgent photostat certified copy of this order, if applied for, be given to the learned advocates for the parties. Sankar Acharyya, J. I agree.