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2018 Supreme(Cal) 68

BISWANATH SOMADDER, MOUSHUMI BHATTACHARYA
S. K Jalaluddin – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
For the Appellants : Mr. Milon Chandra Bhattacharya, Sr. Adv., Mr. Khirul Alam, Adv.
Ms. Sulagna Bhattacharya, Adv.
For the Respondent: Mr. Srijan Nayak, Adv. Mr. Raja Saha, Adv., Mr. Partha Sarathi Bhattacharya, Sr. Adv., Mr. Somnath Banerjee, Adv., Mr. Raju Bhattacharya, Adv.

JUDGMENT :

MOUSHUMI BHATTACHARYA, J.

1. The order under challenge before us has been passed in a writ petition being W.P 14226(w) of 2017 filed by the writ petitioners challenging two orders passed by the Principal Secretary, Government of West Bengal and the Registrar Co-operative Societies, West Bengal, confirming the decision of the Co-operative Society to expel the petitioners.

2. All six petitioners are residents of Khowab Housing Co-operative Society Limited, a co-operative Society registered under the provisions of the West Bengal Co-operative Societies Act, 2006 (hereinafter referred to as ‘the Society’). On the date of filing of the writ petition, the Society had a total of 48 members. The petitioners allege that they were required to pay certain amounts of money for obtaining a flat of a specified area, which according to the petitioners, was contrary to the decision approved in the Special General Meeting held in June 2013. In the writ petition, the petitioners have questioned the basis of increase in the price for allotment of flats and were finally aggrieved by the decision of the Society to expel them after they failed to pay the enhanced amount of money.

3. Mr. Milon Bha





















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