BHUPENDRA LAL SEN Vs. STATE

JUDGEMENT

(1.) -The petitioner was a member of the respondent-society. In 1966, the society conveyed by a registered deed of conveyance dated 25th July, 1966, tank and garden lands to the petitioner in consideration for payment of a sum of Rs. 7,700/-. The petitioner applied to the respondent-municipality for mutation of his name in respect of the holding No. 115. The application of the petitioner was rejected by the Chairman of the respondent-municipality on the ground that the petitioner's prayer could not be considered in view of an objection against mutation of the petitioner's name without obtaining the consent from the respondent-society. The petitioner has accordingly filed this writ application and has challenged such refusal of the municipality. According to the petitioner, it is no part of the respondent-municipal authority's duties to go into any question of title. In any event, the petitioner had absolute title as he had purchased the premises in question by a registered deed of conveyance. Furthermore, it is submitted that in view of undisputed occupation by the petitioner of the premises sought to be mutated, the respondent-authorities were bound to mutate the holding No. 115 in favour of the petitioner as applied for and that the vendor society had no right whatsoever to interfere in the matter.

(2.) Learned counsel appearing on behalf of the society has submitted that the petitioner had ceased to be a member of the respondent society in 1990 by virtue of a resolution taken at a meeting held on 14th January, 1990. It is stated that the petitioner had failed to abide by the provisions of the West Bengal Cooperative Societies Act, Rules and Bye-laws and failed to carry out the lawful orders of the Board and was persistent defaulter in respect of Municipal Taxes, as also society dues for a considerable long period of the time and causing damage to overall interest of the society. It is further recorded in the resolution that "your membership is hereby ceased and the tank No. 6 allotted to you by the society is cancelled.

(3.) It is therefore stated that the allotment was made to the petitioner conditionally in terms of the Regulation 87 of the Act and was subject to the petitioner's being a member of the society. As the petitioner's membership was treated as ceased, he has no right whatsoever to hold on the land/ tank allotted.