- (1.) This application under Article 227 of the Constitution of India is at the instance of an appellant before the West Bengal Co-operative Tribunal under section 136 of the West Bengal Co-operative Societies Act (hereinafter referred to as the Act) and is directed against Order No. 94 dated February 4, 2002 passed by the West Bengal Co-operative Tribunal, Calcutta in Misc. Case No. 8 of 2000 arising out of Appeal No. 10 of 1994.
(2.) The present petitioner filed a disputed case under section 95 of the Act before the Registrar of Co-operative Society, West Bengal thereby claiming relief both against the Co-operative Society, being respondent No. 1 and the respondent No. 2. On contested hearing the Assistant Registrar of Co-operative Society to whom the matter was referred, passed an award on March 3, 1994.
(3.) Being dissatisfied with such award dated March 3, 1994, the petitioner preferred an appeal under section 136 of the Act before the Co-operative Tribunal ("Tribunal") and ultimately, by order dated December 28, 1999, the Tribunal disposed of the said appeal by setting aside the award and declaring the petitioner to be lawful allottee of the concerned plot with further observation that the claim of title by respondent No. 2 was void.;