WPA/1869/2026 of M/S. ROY ENTERPRISE Vs SAKTINAGAR SAMABAYA KRISHI UNNAYAN SAMITY LIMITED AND ORS.
D/L- 130
10/02/2026
Ct. No.-19
Aritra WPA 1869 of 2026
M/s. Roy Enterprise rep. by its sole
Proprietor Mr. Debasis Roy
Vs.
Saktinagar Samabaya Krishi
Unnayan Samity Ltd. & Ors.
Mr. Timir Baran Saha
Mr. Prabir Mazumder
….for the petitioner
Mr. Snehansu Majumder
….for the respondent Nos.1 & 5
Mr. Sanjib Das
….for the State
Mr. Pradeep Kr. Roy, Sr. Adv.
Mr. Ankit Sureka
….for the added respondent No.7
Affidavit of service filed in Court today is taken on
record.
The petitioner claims to have comp leted the job
awarded to the petitioner pursuant to the work order
dated May 26, 2022.
The present grievance of the petitioner is that the
respondent authorities have not released the payment to
the petitioner in spite of the fact that the petitioner has
completed the work under the work order subject to the
satisfaction of the authorities. The petitioner submitted a
representation dated October 10, 2025 before the
Secretary, Saktinagar S.K.U.S. Ltd.
2
The learned advocate appearing for the petitioner
submits that in spite of receipt of such representation, no
decision o n such representation has been communicated
by the respondent authorities to the petitioner till date.
The learned advocate appearing for the respondents
submits that the decision on such repr esentation shall be
communicated within the time limit as may be fixed by
this Court.
State is represented by its learned advocate.
When this matter is taken up for hearing, Mr.
Sureka, learned advocate appears and submits that the
Registrar of Co -operative Society is a necessary party in
this matter as the dispute is relating to a claim in respect
of a sum payable by the Co -operative Society to the
petitioner.
Faced with such situation, the learned advocate
appearing for the petitioner prays for leave to a dd the
Registrar of Co -operative Society as a party respondent in
this writ petition.
Let such amendment in the cause title of the writ
petition be carried out here and now.
Since Mr. Sureka appears, let an amended copy of
the writ petition be served upon Mr. Sureka by the learned
advocate for the petitioner.
Mr. Sureka submits that a dispute relating to a
claim in respect of a sum payable by a co -operative society
falls within the definition of “Dispute” under Section 4(25)
3
of the West Bengal Co -operative Societies Act, 2006. By
referring to Section 102 of 2006 Act, he submits that such
a dispute is to be filed before the Registrar in a prescribed
format. He further submits that the petitioner has not
approached the Registrar for resolution of such a dispute.
Since a dispute with regard to claim of a sum
payable to the petitioner by the co -operative society has
been raised, WPA 1869 of 2026 stands disposed of by
giving liberty to the petitioner to file an appropriate dispute
case before the concerned Regis trar. If such a dispute
case is filed, the concerned Registrar of Co -operative
Society shall dispose of the same as expeditiously as
possible but positively within a period of 12 weeks from
the date of filing of such dispute case.
It is however, made clea r that this Court has not
gone into the merits of the claim and counter -claim made
by the respective parties and all points are left open to be
considered by the Registrar in accordance with law.
There will be no order as to costs.
All parties sha ll act on the server copy of this order
duly downloaded from the official website of this Court.
(Hiranmay Bhattacharyya, J.)