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Judgment
The writ petition is directed against the action of the respondent no.2 in not disconnecting the supply of electricity to Ujjal Sangha, a local club which,
according to the writ petitioner, has illegally constructed a club house (permanent construction) on the land, which allegedly belongs to the writ
petitioner.
In an earlier round of litigation complaining of alleged unauthorised construction without any legal right by the said Ujjal Sangha, the writ petitioner had
moved this Court under Article 226 of the Constitution of India. That Writ petition was registered as W.P. no. 8321 (W) of 2014 and disposed of by an
order dated March 20, 2014. By the said order, a direction was passed on the Rajarhat-Gopalpur Municipality through its Board of Councillors to take
a reasoned decision on the representation of the petitioner in respect of alleged unauthorised construction.
Admittedly no such decision has been taken which would declare the construction to be unauthorised. Naturally, no consequential direction could be
passed. The writ petitioner says that he has applied for contempt of court as against the said municipality for non-compliance of the said order.
However, the present cause of action of the writ petition requires the respondent no.2 to take some steps to disconnect supply of electricity to a
person who is not before the Court. I say this because the respondent no.5 has been arrayed as follows:
“5. Ujjal Sangha, also known as Krishnapur Ujjal Sangha, registered under the West Bengal Society Registration Act, through the Secretary,
having its office at Krishnapur Mondal Para, Kolkata â€"700 012;â€
Section 19 of the West Bengal Society Registration Act, 1961 makes it clear that if a Society registered under the said Act is to sue or to be sued it
can only be done in the matter of the Secretary, President or any other office bearers of the governing body authorised in its behalf.
Judgments galore would show that in case of the Act of 1961, Section 19 is not directory. A Society not being a body corporate, such statutory
provision is the only way which it can be sued as a single entity. Such provision would apply also in case the society is sought to be made a respondent
in the writ petition. It cannot be denied that the society is a necessary party particularly considering the nature of the reliefs prayed for.
Since the society has not been made a party, as required by law, it is a fatal defect being non-joinder of a necessary party and not merely mis-joinder.
The writ petition cannot be entertained and since the writ petition cannot be maintained against the said respondent, I dismiss the writ petition with
liberty to file afresh on the self-same cause of action, if so advised, in accordance with law. I make it clear that I have not gone to the merits of the
matter. There will be no order as to costs.