Kalyan Jyoti Sengupta, J. - (1.) Both the two writ petitions are heard together as the controversies on fact and law are identically similar. The petitioners in both the cases became members of Neelachal Housing Co-operative Colony Society Limited (hereinafter referred to as the said Society) having its registered office at 98, Rajdanga Gold Park (North) Calcutta - 700 078. The said society being the respondent No. 5 was incorporated on or about 1st April 1967. In both the cases the petitioners are husbands and wives and members of the same family. Admittedly the petitioners are not promoter members, nor they took part for formation and incorporation of the respondent No. 5. They applied to become members and they were made members by the Cooperative Society concerned without any difficulty whatsoever. While applying all the petitioners in accordance with the rules and prescribed form made declaration by affirming affidavit before the Notary Public that they do not own house or apartment or plot of land in their names or in the name of any member of their family in the Calcutta Metropolitan area in which the Neelachal Housing Cooperative society situates. The petitioners were allotted with their respective apartments and they took upon payment of the respective consideration, possession of their respective apartments some times in the year 1998.
(2.) After all these as above, the respondent No. 1 has now issued the impugned show cause notice upon the respondent No. 5 for taking action, so that there must be one allottees in the respective families they must surrender the rest of the apartments on the ground that there is dual allotment of apartments in the same family and the same is contrary to the spirit and object of the co-operative movement and laws and also on the ground of the false declaration in the affidavit as stated hereinabove.
(3.) Dr. Pal, learned Senior Advocate appearing in support of the writ petitions contends that the respondent No. 1 has no jurisdiction to issue the aforesaid show cause notice as he cannot take any action suo motu and his jurisdiction is circumscribed by the law and only in the situation as mentioned in Section 70 of the West Bengal Co-operative Societies Act, 1983.;