S.B. Sinha, J. - (1.) These two appeals having arisen out of the same judgment were taken up for hearing together and are being disposed of by this common judgment. C.O. No. 17201(W) of 1992, out of which M.A.T. No. 762 of 1998 arises, was filed by 48 persons claiming themselves to be the members of Rishi Aurobindo Co-operative Housing Society Limited, a Society registered under the West Bengal Co-operative Societies Act (respondent No. 7). M.A.T. No. 555 of 1998 arises out of a writ application filed by 19 persons on the selfsame ground. The basic fact of the matter would be noticed from the writ application of Sital Prosad Mitra & Ors. The said writ petition was filed by the petitioners claiming themselves to be the representatives of the respondent No. 7 - Society claiming, inter alia, the following reliefs:- (a) A declaration to the effect that the impugned order No. 2713-SPA dated 16th October, 1990 of the Secretary, Metropolitan Development Department, Government of West Bengal being Annexure "Q" to the present writ application, is improper, arbitrary, illegal, unconstitutional and violative of Article 14 of the Constitution of India; (b) A writ or direction and/or order in the nature of Mandamus commanding the respondent authorities to allot in favour of the petitioners, through the respondent Society such quantity of lands as ensures the availability as well as allotment of cottah individual plots of land in favour of each of the petitioner for the purpose of construction of their individual residential houses thereupon; (c) A writ or direction and/or in the nature of Mandamus also commanding the respondent Society to stop proceeding with the construction of multi storeyed apartments on any land allotted in its favour by the respondent authorities.
(2.) It is an admitted fact that the said respondent No. 7 was constituted with 19 members. Keeping, however, in view the object of the said Society various persons intended to become members thereof. From a perusal of one of the receipts, to which our attention has been drawn by Mr. Mahapatra, learned counsel appearing on behalf of the appellants, it appears that by way of a sundry advance of a sum of Rs. 3,907/- was deposited with the said respondent on 24th August, 1993. The said receipt contains a seal stating "the received money will be refunded without any interest in case of non-allotment of land for any obvious reason." The appellants contend that the respondent No. 7 pursued the matter with the Government and 360 plots were allegedly delineated for the purpose of allotment to each of the members, lands to the extent of ⅔ cottahs. It was further alleged that permissive possession had been given to the members of the said Society pursuant to or in furtherence of the alleged promise made by or on behalf of the State by some officers. From one of the representations lied by the said respondent No.7 it appears that a grievance was made that although, allegedly, a plan was approved delineating 361 plots of two cottahs of land in each plot in favour of the Society, Only 20 bighas of land have been allotted by a letter dated 9.4.87. The said representation dated 5.2.88 is contained in Annexure "S" to the writ application.
(3.) As the said representation, along with other representations had not been considered a writ petition was filed before this Court and a learned Judge, by an order dated 9th March, 1990 passed in C.O. 5392 (W)/87, directed as follows:- "In view of the chequered career of this case, the Secretary, Metropolitan Development Department, is directed to hear the representation of the respondent-Society as well as the Executive Engineer (Design), Salt Lake Reclamation & Development Circle at the time of disposal of the aid representation referred to hereinabove. The Secretary, Metropolitan Development Department is also directed to give reasons in the event the Secretary is not in a position to accede to the prayer of the writ petitioners and the respondent-Society. The writ petition is thus disposed of.";