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1999 Supreme(Cal) 251

S.B.SINHA, S.N.BHATTACHARJEE
AJIT KUMAR CHAKRABORTY – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
AMOL SAHA, DINA-BANDHU CHAWDHARY, HARIDAS, K.D.MUKHARJI, SODHAN ROY CHOWDHURY, TARUN ROY

S. B. SINHA, J.

( 1 ) THE petitioner who is Chairman of Bankura District Co-operative and Rural Developmental Bank Ltd. , (hereinafter referred to as the said Bank) had filed a writ application for quashing a First Information Report which has been dismissed by the learned trial Judge relying upon a decision in State of Haryana v. Bhajanlal reported in 1992 Supp (1) SCC 335 : AIR 1992 SC 604 : (1992 0 Crlj 527.

( 2 ) THE basic fact of the matter is not in dispute. The petitioner had been associated with the said Bank for a long time in one capacity or the other. On the basis of the reports made by the Registrar of the Co-operative Society, the State of West Bengal by an order dated 30-10-98 directed immediate dissolution of the Board of Directors. The validity of the said order was questioned by filing a writ application in this Court which ultimately was allowed by a division bench of this Court in F. M. A. T. No. 4186 of 1998 by an order dated 25-1-99, inter alia, on the ground that no reason had been assigned therefor by the State as was mandatorily required under sub-section (2) of Section 30 of the West Bengal Co-operative Societies Act 1983 (hereinafter referred to and call





























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