AMAR KUMAR MALICK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner Amar Kumar Malick and his sister Pratima Bar were joint allottees of the Metropolitan Co-operative Housing Society Limited (for short, "the Society"). On January 12, 1984, a registered deed of conveyance of a plot of land was executed by the Society in favour of the said joint allottees. On November 23, 2004, the Society issued a 'no objection' certificate in favour of the petitioner and his said sister for grant of mutation of the land in their name by the Kolkata Municipal Corporation (KMC). On December 8, 2006, a share certificate for twenty shares of the Society was issued in favour of the petitioner and Pratima.

(2.) The petitioner's sister Pratima, vide registered gift deed dated July 6, 2012, donated her fifty per cent share in the property to the petitioner.

(3.) Subsequently on March 16, 2020, a show cause notice was issued by the Society to the petitioner and his sister alleging violation of the West Bengal Co-operative Societies Act, 2006 (hereinafter referred to as "the 2006 Act") for failure to settle. In the show cause notice, it was alleged, inter alia, that the plot of land was jointly allotted to the petitioner and Pratima on July 3, 1967, which was admitted by the petitioner in his reply to the show cause notice dated May 15, 2020.