SK SAJAHAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Having heard Mr. Pal for the petitioner and Mr. Bhattacharya for State it appears that the writ petitioner Sk. Sajahan has come to this Court for a Writ of Mandamus commanding the respondent authorities to dispose of the application on the basis of the documents submitted in terms of section 13 of the West Bengal Co-operative Societies Act, 1983, and to command the respondent authorities to consider the proposal for registration of the Society and for other consequential reliefs on the ground that the respondent authorities cannot ask for any other requirement other than what are mentioned under section 13 of the said Act.

(2.) According to the petitioner the respondent authorities ought not to harass the petitioner by raising so many unusual requirements which are contrary to and inconsistent with the provisions of law. It is alleged that the respondent Nos. 3 and 4 have thus acted arbitrarily with malafide intention by violating the Rule of law and the said unlawful action signifies the colourable exercise of executive fiat.

(3.) It is stated in detail that the petitioner is a Chief Promoter of the Ankurhati Transport Co-operative Society Ltd., (proposed) and organised the local rural people to form a transport co-operative society for the economic development of the rural people and accordingly on 16.9.88 the petitioner submitted a proposal for registration of the society. The petitioner received a letter from the respondent No.3 and filed a reply. Pursuant to further directions required documents have been filed.