- (1.) Having heard the learned advocates for the parties and upon perusing the instant writ petition as well as the report in the form of an affidavit, it appears that the writ petitioner No. 1, namely, Hijli Co-operative Development Society Limited, is aggrieved by an order dated 8th September, 2011, issued by the Assistant Registrar of Cooperative Societies, Paschim Medinipur Range. In the impugned order, the concerned authority has referred to the construction of a second Community Hall by the writ petitioners and based on the report of the enquiry team, had requested the Secretary of Hijli Co-operative Development Society Limited not to continue any further construction of the said Hall since such construction was being carried out in violation of Rule 145 of the West Bengal Co-operative Societies Rules, 2011.
(2.) The report in the form of an affidavit filed on behalf of the Assistant Registrar of Cooperative Societies, Cooperation Directorate, Paschim Medinipur Range, reveals that the writ petitioner society did not take any action for getting approval of the plan from the concerned authority, i.e., local municipality and it did not also approach the Assistant Registrar of Cooperative Societies, Paschim Medinipur, for change in the project. It has been categorically stated in the report in the form of an affidavit that prior approval of the Registrar, i.e., Assistant Registrar of Cooperative Societies, Paschim Medinipur, is mandatory for any change in the project in terms of Rule 145(2) of the West Bengal Co-operative Societies Rules, 2011. As such, the construction of the second Community Hall was in violation of the statutory Rules, as stated above.
(3.) Learned advocate for the petitioners has, however, contended that the minutes of the meeting of the Co-operative Society was duly communicated to the Registrar and there was no objection from his end. As such, he submits that prior approval of the Registrar was deemed to have been granted.;