W.P.(C)/9141/2024 of SHRI PARMOD BAHL Vs REGISTRAR, COOPERATIVE SOCIETIES AND ORS

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*IN THE HIGH COURT OF DELHI AT NEW DELHI

+W.P.(C) 9141/2024 & CM APPLs.37388-37389/2024SHRI PARMOD BAHLSHRI PARMOD BAHL

.....PetitionerThrough:Ms.Rajeshwari, Mr.Rajesh Sharma,Mr.Mahesh Kumar, AdvocatesMr.Mahesh Kumar, Advocates

versus

REGISTRAR, COOPERATIVE SOCIETIES AND ORS

.....Respondents

Through:Mr.Sanjay Kumar Pathak, standingcounsel with Mr.MS Akhtar,Mr.Mayank Arora, Mrs. Musarrat BHasmi, Advocates for R-2/L&B

Date of Decision: 08[th]July, 2024

CORAM:HON'BLE THE ACTING CHIEF JUSTICEHON'BLE MR. JUSTICE TUSHAR RAO GEDELAJUDGMENT

MANMOHAN, ACJ: (ORAL)

1.Present writ petition has been filed seeking directions to Respondentsto allot Plot No.124 in Respondent no.3-society to the petitioner and torestrain respondent no.3 from inducting new members from the generalpublic in respondent no.3-society.

2.Learned counsel for the Petitioner states that the petitioner became amember of respondent no.3-society on 9[th]June, 1978. She states thatSmt. Krishna Chopra (the then member of the society) was allotted PlotNo.124, measuring 297.7 Sq. Yards situated in Sukhdev Vihar, Jamia Nagar,

New Delhi. However, Respondent no.2 (Land & Building Department ofDelhi Administration) cancelled the membership of Smt. Krishna Chopraw.e.f. 11[th]March, 1980.

3.She states that on 1[st]October, 1982, the seniority list of members inthe waiting list was confirmed by Respondent no.1/RCS in which thepetitioner was placed at SL. No.11 of the waiting list, as many plots were indispute. She states that on 5[th]March, 2004, the petitioner came to know byway of filing an RTI application with respondent no.1 that as per records,Shri R.C. Dalwani, whose name stands at Sl. No.10 of the approved waitinglist of confirmed members had been allotted plot.

4.She states that on 14[th]November, 2022, the petitioner gave arepresentation to respondent No.1 for allotment of Plot No.124 inrespondent no.3-society, as the Revision Petition No.390/2010 filed by thelegal representatives of Smt. Krishna Chopra had been dismissed by theFinancial Commissioner vide order dated 15[th]September, 2022.

5.She states that on 26[th]April, 2024, this Court dismissed the writpetition, being WP(C) 5882/2024 filed by the legal representatives of lateSmt. Krishna Chopra, for setting aside the orders dated 15[th]September, 2023and 22[nd]September, 2023 passed in Revision Petition No. 390/2010.

6.She alleges that the respondent no.3-society is in the process ofallotting the vacant plot to third party.

7.Keeping in view the fact that the petitioner’s representation has notbeen decided till date, the present writ petition is disposed of with adirection to the Respondent No.1 (Registrar Cooperative Society) to decidethe petitioner’s representation dated 14[th]November, 2022 at Page No.102 ofthe paperbook by way of speaking order in accordance with law within

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four weeks. It is clarified that this Court has not commented on the merits ofthe controversy. The rights and contentions of all the parties are left open.With the aforesaid direction, the present writ petition along with pendingapplications is disposed of.

ACTING CHIEF JUSTICE

TUSHAR RAO GEDELA, J

JULY 8, 2024AS