Bhaskar Bhattacharya, J. - (1.) These two mandamus appeals were heard together as the appeals are preferred against the self-same judgment passed by the learned Single Judge.
(2.) The appellant in F.M.A. No. 732 of 2007 filed a writ application under Article 226 of the Constitution of India before the learned Single Judge thereby praying for a mandamus directing the respondent No. 3, the Deputy Registrar of Co-operative Societies, Kolkata Metropolitan Area Housing, to implement its earlier decision dated March 15, 2002 by which the said respondent No. 3 directed the respondent No. 7, the Co-operative Housing Society of which the appellant was previously a member, to return a sum of Rs. 59,175/- received by the respondent No. 7 as a condition of grant of permission to transfer the membership of the writ petitioner to a third party.
(3.) The writ petition was contested by the respondent No. 7, the Co-operative Housing Society, contending that the writ petitioner voluntarily paid the said amount and there was no illegality on the part of the respondent No. 7 in accepting such amount. According to the respondent No. 7, the by laws of the society itself permitted acceptance of such amount as transfer-fees in case any member intended to transfer his membership to a third party. Apart from the aforesaid point, the respondent No. 7 further contended that the writ application was not maintainable and the appropriate remedy of the writ petitioner lay by filing reference in terms of section 95 of the West Bengal Co-operative Societies Act.;