45.
30.09.2024
Court No. 2
AGM
Calcutta High Court
In the Circuit Bench at Jalpaiguri
Appellate Jurisdiction
WPA 2112 of 2024
Khayerbari Gram Panchayat Stario Mahila Swanirvar
Gosthi Somuher Prathamik Bahumukhi Samabay Samiti
Limited
Vs.
State of West Bengal & Ors.
Mr. Bikramaditya Ghosh.
Ms. Supriya Singh.
Mr. Swarup Das.
Mr. Ved Rai.
… for the Petitioner.
Ms. Bedashruti Basu.
Mr. Sandip Guha Roy.
… For the State.
1. The petitioner is aggrieved by the order
passed by the BDO, Madarihat Birpara Development
Block on 8th December, 2021 removing the President
and Secretary of the Co-operative Society.
2. Learned advocate representing the
respondent authorities seeks time to take instruction in
the matter.
3. Learned advocate for the petitioner pleads
urgency.
4. It appears that the impugned order was
passed nearly three years back.
5. The Additional District Mission Director,
DMMU and Project Director, DRDC, Alipurduar vide
communication dated 3rd December, 2021 addressed to
the Block Mission Director and BDO directed the
addressee to take steps against the President and
Secretary of the Society as there was allegation of
2
defalcation of funds. The removal of the President and
the Secretary is the follow up step taken by the BDO.
6. Learned advocate representing the petitioner
submits that after the impugned communication,
several representations were made before the BDO
disclosing document to deny the allegation leveled
against the members of the Society. The representations
are pending consideration at the end of the BDO.
7. The instant writ petition is disposed of by
directing the respondent no. 3 to consider the
representations forwarded by the representative of the
Society in accordance with law and dispose of the same
by passing a reasoned order.
8. An opportunity of hearing shall be provided
to the petitioner for placing all documents in support of
the claim.
9. Final order shall be passed in the mater at
the earliest but positively within a period of twelve
weeks from the date of communication of this order.
10. The writ petition stands disposed of.
11. Urgent certified photocopy of this order, if
applied for, be supplied to the parties upon compliance
of usual legal formalities.
(Amrita Sinha, J.)