KRISHNA CHANDRA POREL Vs. STATE OF WEST BENGAL & ORS
LAWS(CAL)-2018-9-27
HIGH COURT OF CALCUTTA
Decided on September 03,2018

Krishna Chandra Porel Appellant
VERSUS
State Of West Bengal And Ors Respondents

JUDGEMENT

Biswanath Somadder, J. - (1.) By consent of the parties, the appeal is treated as on day's list and taken up for consideration along with the application for stay.
(2.) The instant appeal arises out of an order dated 20th July, 2018, passed by a learned Single Judge in WP 11836 (W) of 2018 (Krishna Chandra Porel vs. The State of West Bengal & Ors.).
(3.) By the impugned order, the learned Single Judge was pleased to dispose of the writ petition upon setting aside the order impugned in the writ petition and issuing the following directions:- "The society however, shall be entitled to institute a proper proceedings for arbitration before the Registrar of the Co-operative society under the relevant provision of the W.B.C.S. Act, 2006. Such proceedings shall be initiated within the period of fifteen days from the date. The writ petitioner shall file his written statement of defence along with documents within the period of ten days thereafter. The process of inspection and discovery shall be completed by the parties forthwith thereafter. The arbitrator appointed by the Registrar, or the Registrar himself shall complete the proceedings within a period of forty-five days after pleadings are completed. The writ petitioner also is aggrieved by a communication dated 8th June, 2018 issued by one Debendra Nath Sarkar, Co-operative Development Officer. I find that the same is of no consequence. This court's order dated 18th May, 2018 shall be carried out by the Society with expedition and urgency, in accordance with law. Criminal proceedings shall also be commenced and initiated by the SKUS against the petitioner forthwith if not already initiated. Till such time the arbitration proceeding are not completed, the house property standing in the name of the writ petitioner, particulars whereof are available with the SKUS, shall remain charged to the credit of the proceedings before the arbitrator as indicated above, and the same shall not be alienated or encumbered by the petitioner without the leave of the Registrar. Departmental proceedings against the writ petitioner shall be held at an independent place in the city of Kolkata. W.P. No.11836 (W) of 2018 is hereby disposed of. There shall be no order as to costs.";


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