SUPRIYO BASU Vs. WEST BENGAL HOUSING BOARD

JUDGEMENT

(1.) Appellants call in question correctness of the judgment rendered by a Division Bench of the Calcutta High Court holding that the writ petition filed by them is not maintainable. Accordingly, it set aside judgment of learned single Judge who had entertained the writ petition and given some directions.

(2.) The dispute related to the allotment of 156 car parking spaces. The appellants who are occupying B Type flats took the stand that the car parking spaces were to be allotted only to them and not to A type flat owners. Questioning the legality of a letter purportedly issued by the Housing Commissioner dated 6th June, 1995 giving certain clarifications about entitlement of A type flat owners a writ petition was filed with a prayer that the letter was without any authority and even if any action has been taken by the respondents-West Bengal Housing Board (hereinafter referred to as the Board) and/or Samdrita Co-operative Housing Society Ltd. (in short the Society) in selling the parking spaces or any issue connected thereto, it was inoperative and invalid. Learned single Judge accepted the plea overruling the contention raised by the Board/Society and A type flat owners who were parties in the proceedings about maintainability of the writ petition and gave certain directions.

(3.) The order of the learned single Judge was questioned in Letters Patent Appeal before the Division Bench which by the impugned order held that writ petition would not lie against a society and the writ petition was therefore clearly not maintainable as no statutory action has been assailed.