29.02.2024
Item No.07
RP
Ct. No.1
WPA(P) 49 of 2024
Mamata Biswas & Ors.
Vs.
The State of West Bengal & Ors.
Mr. Tanmay Basu
Ms. Aparajita Mitra
…..for the Petitioners
Mr. T.M. Siddiqui
Ms. Amrita Panja Moulick
……for State
Md. Bahruzzaman
……for Respondent No.7 & 8
1. By filing this public interest litigation the petitioners
allege that the respondent nos.7 and 8 have
committed a large-scale fraud in the manner in which
the particular society had conducted its affairs and in
that regard a representation was submitted to take
immediate action. Since the representation has not
been considered the petitioners have filed this writ
petition.
2. Learned Government Counsel submitted that based
on the written complaint received from the writ
petitioners on 24.01.2024 Nabadwip PS Case No.54 of
2024 dated 24.01.2024 under section 420/406/34 of
the Indian Penal Code has started against several
persons which included the respondents no.7 & 8 for
the alleged offences and the case is under
investigation.
3. Learned advocate for the respondents no.7 & 8
submitted that two of the writ petitioners, namely,
Pintu Ghosh and Palash Ghosh have availed loan
from the said society and they are defaulters and in
respect of Palash Ghosh an award has been passed
on 25.5.2023 for recovery of a total sum of
Rs.3,93.450/- and the said award was communicated
to the address which is given in this writ petition in
2
the affidavit portion by Palash Ghosh and the
communication had returned to the sender with the
endorsement that the said Palash Ghosh does not
reside in the said premises. Furthermore, the said
Palash Ghosh has given a letter to the Branch
Manager of the said samity the he is residing in a
village named Brahmanagar and, therefore, the
address given in the affidavit filed in this writ petition
is false address.
4. Be that as it may, since already a case has already
been registered by the police and investigation has
commenced we direct the concern police authority to
conduct a thorough investigation in Nabadwip PS
Case No.54 of 2024 and bring to book those persons
who have committed illegality. The respondent nos.5
and 6 shall also call for the records from the society
and examine as to the correctness of the transactions
and recruitment which have been taken place and
proceed to take action in accordance with law.
5. With the above direction, this writ petition is disposed
of.
(T. S. SIVAGNANAM)
CHIEF JUSTICE
(HIRANMAY BHATTACHARYYA, J.)