- (1.) This writ petition has been pending before this Court since the year 2003. The original writ petitioner died during the pendency of the writ petition. His heirs/legal representatives are now the substituted writ petitioners in terms of the order of the learned Registrar (Administration) dated 27th November, 2008.
(2.) In the instant writ proceeding, the following principal reliefs have been prayed for: "a) Writ of and/or in the nature of Madamus commanding the Naba Kailash Housing Co-operative Society and its Secretary and other Respondents particularly Respondent No.3 and Respondent NO.4 to take steps to allot him a flat of the size, area and price originally allotted to him. b) A Writ of and/or in the nature of Mandamus commanding the respondent society and its Secretary to forbear from giving any or further effect to the last point of the order of the West Bengal Co-operative Tribunal giving liberty to the appellate society to proceed against the respondent (your petitioner) strictly in accordance with law."
(3.) The matter has a chequered history. The original petitioner had opted for allotment of a flat by becoming a member of the National Cooperative Housing Society sometime in the year, 1972. The said society undertook two housing projects, one at 58/3 Ballygunge Circular Road and the other at 55/4 Ballygunge Circular Road. It is at the latter project that the original petitioner was allotted a flat measuring an area of 1132 sq. feet on the fifth floor of the project. The said project was named, "Naba Kailash" project. The National Cooperative Housing Society, in the meanwhile, stood dissolved and in its place two separate cooperative housing societies were formed. In respect of 58/3 Ballygunge Circular Road, the cooperative housing society that was formed was named Sapataparni Housing Cooperative Society Limited and so far as 55/4 Ballygunge Circular Road is concerned, the cooperative housing society was named Naba Kailash Housing Cooperative Society Limited (hereinafter referred to as "Naba Kailash"). Naba Kailash, in terms of its letter dated 2nd June, 1983 confirmed the previous allotment granted in favour of the original petitioner with an escalated price and notified the schedule of payment of instalments from 15th June, 1983.;