AMALESH SARKAR Vs. REGISTRAR OF CO

JUDGEMENT

(1.) This application has been taken out under Art. 226 of the Constitution of India by Amalesh Sarkar, a citizen of India, against the Registrar of Co-operative Societies and the Board of Administrators appointed by the Government of West Bengal under Sec. 26 of the West Bengal Co-operative Societies Act, 1973, for various reliefs.

(2.) The case of the petitioner is that although he is a citizen of India and he is a permanent resident of Calcutta but in the year 1969 he went to U.S.A. for higher studies in Chemical Engineering and after completing the course he has been working in U.S.A. for the purpose of gaining practical experiences. The petitioner had and still has all the intention of returning to India in the near future and settle down in Calcutta. The petitioner has no house, tenament or flat in West Bengal and he is in urgent and/or pressing need of a flat in Calcutta where he intends to settle down with his family.

(3.) The respondent No. 2, Karnani Co-operative Housing Society is governed by the bye laws of the said Society. The areas of operation of the said Society is in Calcutta district. The said society was formed with the object of establishing on co-operative basis, settlements or housing schemes for persons with moderate incomes by affording each with settled facilities for having a house or flat and ultimately develop as far as practicable the settlements so established into a self-sufficient communities. The petitioner duly applied to become a member of the said Society and on May 24, 1977 paid a sum of Rs. 50.00 being the prescribed fees for such membership. He is also the holder of two shares of the said Society. Before the petitioner could be admitted as a member of the said Society, the then Managing Committee of the Society was fully satisfied as to the requirements of the membership and on the petitioner's fulfilment of those requisite conditions. The petitioner also paid a sum of Rs. 13,000.00 on 24th of May, 1977 towards the cost of construction of the house on co-operative basis at No. 9. Mandaville Gardens. On June 21, 1977 the petitioner was informed by the Society that he has been allotted a three bed roomed flat being flat No. A3 having area of 1600 square feet on the third floor of the Society's Apartment called "Meera Apartments" at No. 9, Mandeville Garden, Calcutta-19.