Siddhartha Majumdar & Anr vs State Of West Bengal & Ors on 20 June, 2025

Calcutta High Court

Siddhartha Majumdar & Anr vs State Of West Bengal & Ors on 20 June, 2025

Author: Amrita Sinha

Bench: Amrita Sinha

OD-7                                 ORDER SHEET
                                   WPO No.438 of 2025
                            IN THE HIGH COURT AT CALCUTTA
                              Constitutional Writ Jurisdiction
                                     ORIGINAL SIDE


                             SIDDHARTHA MAJUMDAR & ANR.
                                        -VS-
                             STATE OF WEST BENGAL & ORS.

     BEFORE:
     The Hon'ble JUSTICE AMRITA SINHA
     Date: 20th June, 2025.
                                                                        Appearance:
                                                             Mr. Alok Chatterjee. Adv.
                                                             Mr. Abhimanyu Banerjee, Adv.
                                                             Mr. Shivam Adhikary, Adv.
                                                             Mr. Arghya Mullick, Adv.
                                                                   .... for the petitioners.

                                                             Mr. Vimal Kr. Shahi, Ld. AGP.
                                                             Mrs. Pratiti Das, Adv.
                                                                   ...for the State.

                                                             Mr. Raghunath Chakraborty, Adv.
                                                             Mr. Pradeep Pandey, Adv.
                                                                           ...for the Respondent No.3.

Mr. Tanmoy Mukherjee, Adv.

Mr. Souvik Das, Adv.

…for the Respondent No.4.

1. The petitioners’ representation dated 6 th June, 2025 is pending

consideration before the competent authority under Section 3(g) of the

West Bengal Apartment Ownership Association Act, 1972.

2. It appears that there are several disputes in between the unit holders. An

election of the Board of Managers from the members of the Association is

scheduled to be conducted on 22 nd June, 2025.

3. Within a short period of time, it is not possible for the Court to hear and

decide the disputes of the parties conclusively. The disputes have already

been referred to the competent authority.

4. The competent authority is, accordingly, directed to take steps to consider

the representation in accordance with law, after giving a reasonable
2

opportunity of hearing to all the necessary parties and by passing a

reasoned order at the earliest, but positively within a period of four weeks

from the date of communication of this order. If any remedial and

correctional measures are required to be taken, the said authority shall

act accordingly.

5. It is made clear that this Court is not interfering with the process of the

election.

6. The writ petition stands disposed of.

7. Urgent photostat certified copy of this order be supplied to the parties, if

applied for, be supplied to the parties, upon compliance of all legal

formalities.

(AMRITA SINHA, J.)

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