JUDGMENT :

Rai Chattopadhyay, J.

1. The appellant/writ petitioner has preferred to file this appeal being aggrieved with the judgment of the Hon’ble Single Judge dated April 19, 2022 in W.P.A No. 4425 of 2022.

2. In the said writ petition the appellant/writ petitioner challenged the show cause notice dated March 16, 2020, and the notice to surrender the allotted plot of land, dated June 23, 2020, issued by the respondent/Cooperative Society, respondent no.5, to be precise. Hon’ble Single Judge after a thorough discussion as regards the facts of the case, arguments of the respective parties and the applicable laws, has come to a decision that the appellant/writ petitioner had miserably failed to satisfy the yard stick determined under law, to defy the claim of the Cooperative Society in the letters as mentioned above and also that the appellant/writ petitioner did not come before the Court with clean hands. The Hon’ble Single Bench by dint of the judgment as mentioned above has dismissed appellant’s writ petition. Hence, this appeal.

3. Bereft of any unnecessary details the crux of the case may be narrated to be that the appellant and his sister were conveyed the landed property measuring about 4 catthas by execution of the registered deed of sale on January 12, 1984. Later on by virtue of execution of deed of gift by his sister, the appellant owned the entire property. In 2004, i.e, November 23, 2004 the Society issued a ‘no objection’ certificate in favour of the appellant and his said sister, for grant of mutation of the land in their name by the Kolkata Municipal Corporation. Later on in 2006, i.e, on December 8, 2006, the Society issued share certificate for 20 (twenty) shares in favour of the appellant and his sister, As stated earlier, in 2012, i.e, July 6, 2012. Sister of the appellant executed the deed of gift, to gift her share in the property in favour of the appellant. According to the appellant since the date of conveyance, i.e, January 12, 1984 till March 2020, the appellant either solely or jointly with his sister (before execution of deed of gift by the said sister), held and possessed the concern property absolutely and unencumbered, in exclusion of any other, interfering thereto.

4. The circumstances took a different shape when vide a show cause notice dated March 16, 2020, the Society asked the appellant and his sister to show cause as to the alleged violation of the provisions of the West Bengal Cooperative Societies Act, 2006, for failure to settle the said landed property. Appellant replied to the same on May 15, 2020. Before that on March 21, 2020, i.e, after the date of said show cause notice by the Society, the appellant by a written communication dated same, informed the Society and urged before it for cooperation, in the matter of sanction of the building plan which, he said, was pending before the appropriate authority at that point of time for sanction.

5. On June 23, 2020, the Society again communicated a written representation to the appellant, asking him to surrender membership within 7 (seven) days from receipt of the notice and informing him that the Society would be at liberty to allot and transfer the plot as per law, to a new member without any further notice to the appellant.

6. The appellant in his writ petition has challenged the two letters as stated above, i.e, on March 16, 2020 and June 23, 2020, though unsuccessfully, resulting into his filing this appeal.

7. A point has been raised in this appeal of maintainability of the writ petition, by the Society. Mr. Jayanta Kumar Mitra Ld. Senior Advocate, representing the Cooperative Society has advanced arguments challenging maintainability of the writ petition on grounds, more than one. It is stated that the respondent/Society which has been represented by Mr. Mitra is neither the State nor the instrumentality of the State. It is a Cooperative Society registered under the West Bengal Cooperative Society Act, 2006 and any trapping of a State is abse