- (1.) THIS writ application is directed against an order dated March 31, 2009 passed by the respondent no.1 in compliance of the judgment dated April 2, 2008 delivered by the Honble Supreme Court in the matter of Woodburn Park Cooperative Housing Society Ltd. Vs. Smt. Chanda Devi Tantia and Ors. (in re. Civil No.2638 of 2005).
(2.) THE back drop of this case in a nutshell is as follows:- THE East End Apartments Co-operative Housing Society Ltd. was the owner of two plots of land, viz, premises no.5B Woodburn Park, Calcutta-700020, and 11/1B, Ekdalia Place, Calcutta-700019. THE intention of the above society was to construct two multi-storied residential buildings on the aforesaid two plots of land for its members. After construction of a multi storied residential building at 11/1B Ekdalia place, Calcutta-700019, a dispute arose between the members of the society and the Managing Committee which was brought before the High Court at Calcutta. A Division Bench of this High Court directed the respondent no.1 by an order dated December 15, 1978 passed in appeal no.504 of 1977 to take steps for division of the assets and liabilities of the above Co-operative Society constituted at Ekdalia place and Woodburn Park Road in accordance with the provisions of the West Bengal Co-operative Societies Act, 1973(hereinafter referred to as the said Act). In compliance with the order passed by this High Court as stated hereinabove, the respondent no.1 passed a preliminary order dated September 5, 1979 under sub-section(1) of Section 77 of the said Act for the purpose of dividing the assets and liabilities of the aforesaid society. Some recognized members of the petitioner no.1 and raised objection against the above preliminary order.
(3.) ON June 23, 1980 the respondent no.2 passed final order of division bearing no.688/ CMAH under the provisions of sub-section(3) of Section 77 of the said Act and registered two new societies, viz, Woodburn Park Co-operative Societies and Ekdalia Housing Co-operative Ltd. By an order dated August 8, 1988 the respondent no.2 appointed Directors of first Managing Committee of the petitioner no.1 in exercise of powers conferred upon him under sub-rule(1) of Rule 30 of the West Bengal Co-operative Societies Rules, 1974. The aforesaid objectors filed application under Article 226 of the constitution of India bearing no.3922(W) of 1981 before this High Court challenging the aforesaid final order dated June 23, 1980 passed by the respondent no.2 on the ground that no notice had been served upon them before passing the aforesaid final order. The above writ application was disposed of by an order dated June 20, 1984 setting aside the final order dated June 23, 1980 as also directing the respondent no.1 to hear the preliminary objections filed by the members in accordance with law. An appeal bearing F.M.A.T No.1971 of 1984 was preferred against the above judgment and order. A Division Bench of this High Court dismissed the above appeal by an order dated August 1, 2002. The petitioner society filed Special Leave Petition against the above order dated August 1, 2002 passed in FMAT No.1971 of 1984 before the Honble Supreme Court upon leave being granted by the Honble Supreme Court, the appeal preferred by the petitioner society being Civil Appeal no.2638 of 2005 (in re. Woodburn Park Co-operative Housing Society Ltd. Vs. Smt. Chanda Devi Tantia and Ors.) was disposed of on April 2, 2008 by the Honble Supreme Court with the following directions.;