Siddhartha Majumdar and Anr. Vs State of West Bengal and Ors. — Calcutta HC (2025) — LawSathi Research

Siddhartha Majumdar and Anr. Vs State of West Bengal and Ors. — Calcutta HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to the competent authority under Section 3(g) of the West Bengal Apartment Ownership Association Act, 1972 to consider the petitioners' representation dated 6th June, 2025 in accordance with law, with hearing to all necessary parties and a reasoned order within four weeks of communication of the order, and to take any remedial/correctional measures required; the election process was left untouched.

Issue for consideration

Consideration of the petitioners' representation dated 6th June, 2025 pending before the competent authority under Section 3(g) of the West Bengal Apartment Ownership Association Act, 1972. +1 more

Court's answer

The competent authority is directed to consider the petitioners' representation in accordance with law, after giving a reasonable opportunity of hearing to all necessary parties, and to pass a reasoned order at the earliest, positively within four weeks from the date of communication of the order.

Ratio / Principle

If any remedial and correctional measures are required to be taken, the competent authority shall act accordingly.

Key takeaways

Within the short time available it was not possible for the Court to hear and decide the parties' disputes conclusively; the disputes have already been referred to the competent authority.ratio¶3
The Court expressly made clear that it is not interfering with the process of the election (of the Board of Managers).ratio¶5

Detailed headnote1 paragraphs

Writ petition (WPO No.438 of 2025, High Court at Calcutta, Justice Amrita Sinha, 20th June, 2025) arising out of disputes between unit holders and a scheduled election of the Board of Managers (22nd June, 2025) disposed of without adjudicating the disputes: the competent authority under Section 3(g) of the West Bengal Apartment Ownership Association Act, 1972, before whom the petitioners' representation dated 6th June, 2025 was pending, is directed to consider it in accordance with law after giving a reasonable opportunity of hearing to all necessary parties and to pass a reasoned order at the earliest, positively within four weeks from communication of the order, acting on any remedial or correctional measures required; the Court expressly clarified that it was not interfering with the process of the election.

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: 20^th 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.

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.

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.

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.

The competent authority is, accordingly, directed to take steps to consider the representation in accordance with law, after giving a reasonable

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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.

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

The writ petition stands disposed of.

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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