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2025 Supreme(Online)(Cal) 3370
CALCUTTA HIGH COURT
Amrita Sinha, J
Dr. Netai Chandra Ghosh – Appellant
Versus
The State of West Bengal – Respondent
WPA No.14436 of 2024
For the Appellants/Petitioners: Mr. Santanu Das, Ms. Rinku Sen, Mr. Sagnik Bhattacharya, Ms. Ruksar Parveen
For the Respondents: Mr. Himadri Sikhar Chakraborty
Court mandates timely consideration of representation under statutory provisions, ensuring due process.
Headnote:The petitioner seeks consideration of a representation to the Registrar of Firms under the West Bengal Societies Registration Act, 1961. The court directed the Registrar to dispose of the representation strictly in accordance with the law within twelve weeks, allowing parties a reasonable opportunity to be heard. The court acknowledged the petitioner's claim while facilitating procedural compliance. The decision includes provisions for service of the notice and directions for the Registrar's involvement.
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| 1. petitioner seeks consideration of statutory representation. (Para 1 , 2) |
| 2. court orders a definitive timeframe for action. (Para 3 , 4 , 5 , 6 , 7) |
1. The petitioner seeks consideration of his representation (Annexure P3, p.13) dated April 22, 2024 addressed to the Registrar of Firms, Societies and Non-Trading Corporations, Bidhannagar.
2. It appears from the communication dated January 29, 2024 that DPLO and Joint Registrar of Firms, Societies and Non-Trading Corporations, Paschim Medinipur sought for dissolution of the Society run by the petitioner under Section 26 of the West Bengal Societies Registration Act , 1961 and for appointing a competent person to hold a special investigation under Section 23 of the 1961 Act. Renewal of the Society also stood postponed.
3. As it appears that the representation of the petitioner is pending consideration before the concerned authority, accordingly, without entering into the claim of the petitioner, the instant writ petition is disposed of by directing the Registrar of Firms, Societies and Non-Trading Corporations, West Bengal to consider and dispose of such representation strictly in the light of the provisions of the West Bengal Societies Registration Act , 1961 along with the corresponding rules at the earliest but positively within a period of twelve weeks from the date of communication of this order. Reasonable opportunity of hearing shall be granted to all the necessary parties prior to passing a final order in the matter.
4. Leave is granted to the advocate-on-record for the petitioner to implead the Registrar of Firms, Societies and Non-Trading Corporations, West Bengal as party respondent in the instant writ petition here and now. As the State is represented, hence, fresh service upon the added respondent stands dispensed with.
5. The petitioner shall, however, serve a copy of the writ petition along with all Annexures upon the added respondent at the time of communication of this order.
6. All parties are to act on the server copy of this order duly downloaded from the official website of this court.
7. Certified copy of this order, if applied for, shall be made available to the parties.
