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2023 Supreme(Cal) 1128

ARIJIT BANERJEE, RAI CHATTOPADHYAY
Debkanta Chakrabarti – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Saptansu Basu, Shibnath Bhattacharyya, Abhishek Bhattacharyya.
For the Respondents: Srijan Nayak, Rituparna Maitra, Kamal Krishna Pathak, Souvik Maji.

JUDGMENT :

RAI CHATTOPADHYAY, J.

1. This appeal is directed against the order of the Hon’ble Single Bench dated April 5, 2023 in WPA 6335 of 2023. The relevant portion of the said order may be extracted, as herein below:

    “Considering the facts and circumstances of this case and submission of the parties this writ petition being WPA 6335 of 2023 is disposed of by directing the respondent co-operative society to allot membership to the petitioner if he makes application in proper form and complies the formalities under Section 70 (1) (b) of the aforesaid Act. If the petitioner does not make any application within a month from date, in that event the respondent society will not be bound to allot membership to the petitioner and if petitioner complies the formalities under the aforesaid Section the respondent society shall issue membership certificate to the petitioner.

In the meantime there will be an order of status quo with regard to the plot of land in question.”

2. Appellant/writ petitioner’s challenge as to the said impugned order dated April 5, 2023 would be on the premises inter-alia, that, the appellant being the only legal heir and successor of the erstwhile member of the responde

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