Delhi High Court
Smt. Raj Chawla vs Registrar Cooperative Societies ... on 20 November, 2009
Author: Badar Durrez Ahmed
THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 20.11.2009
+ WP (C) 11910/2009
SMT. RAJ CHAWLA ..... Petitioner
- Versus -
REGISTRAR COOPERATIVE SOCIETIES & ORS ... Respondents
Advocates who appeared in this case:-
For the Petitioner : Mr D.K. Rustagi
For the Respondent No.1 : Mr V.K. Tandon
For the Respondent No.2 : Mr P.K. Rawal
For the Respondent No.4 : Ms Sangeeta Chandra
CORAM:-
HON'BLE MR. JUSTICE BADAR DURREZ AHMED
HON'BLE MS. JUSTICE VEENA BIRBAL
1. Whether Reporters of local papers may be allowed
to see the judgment ?
2. To be referred to the Reporter or not ?
3. Whether the judgment should be reported in Digest ?
BADAR DURREZ AHMED, J (ORAL)
1. In this writ petition, the petitioner seeks the issuance of a direction to
the respondent Nos.1 and 2 to expedite the process of allotment of Plot
No.20 in the respondent No.2 society (Dayanand Co-operative House
Building Society) after completing the formalities in this regard in a time-
bound schedule. The learned counsel for the petitioner drew our attention to
an order passed on 21.01.1997 by a learned Single Judge of this Court in the
case of Satender Kumar Parashar v. Registrar of Co-operative Societies
and Others: CWP No. 745/1983. In that writ petition, the said Plot No.20
in the said society had been kept reserved for the petitioner by an order dated
16.09.1983. The petitioner therein had challenged the refusal of the
Registrar of Co-operative Societies to treat him as a member of the
respondent society w.e.f. 24.07.1970. That writ petition was decided in
favour of the said Mr S.K.Parashar, on 21.01.1997, when this court
concluded as under:-
"That being so, the action of the respondent in objecting to
petitioner becoming the member of the Society in 1970 on the
basis of mother acquiring plot, is without any basis and is
illegal. The same is hereby set aside. The petitioner is entitled
to become member of the society as well is entitled for grant of
a plot. A plot has been kept reserved for the petitioner in these
proceedings vide order passed this court 16.09.1983. The
society shall proceed in accordance with law taking the
membership of the petitioner from the date when he was made a
member pursuant to the resolution of the Managing Committee
of the society in August 1970. The rule is made absolute. Writ
petition is allowed. No order as to costs."
2. It is the case of the petitioner herein that no action thereafter has been
taken by the Society or by the Registrar of Co-operative Societies to allot the
said Plot No.20 either to the said Mr S. K. Parashar or to anyone else.
According to the learned counsel for the petitioner, the said plot remains
vacant and unallotted despite the said judgment and /or order dated
21.01.1997, purely on account of the fact that the said Mr S. K. Parashar has
not come forward to complete the formalities for allotment as per the
judgment and / or order dated 21.01.1997.
3. The present petitioner had moved an application being CM No.
13391/2008 in the disposed of writ petition, being WP(C) 745/1983.
However, the same was withdrawn with liberty to take appropriate action as
permissible under law. This is indicated in the order dated 03.02.2009
passed in the CM No.13391/2008 in WP (C) No.745/1983. It is thereafter
that the petitioner has filed the present writ petition seeking the prayers
indicated above.
4. The learned counsel for the Registrar of Co-operative Societies stated
that the documents, which are relevant for the purposes of coming to a
conclusion as to whether the said Plot No.20 is to be declared as vacant for
allotment to someone other than Mr S.K. Parashar in view of the fact that Mr
S.K. Parashar has not come forward to complete the formalities, are to be
supplied by the respondent No.2 society. Mr V.K. Tandon, who appears on
behalf of the Registrar of Co-operative Societies, submitted that, in case all
the documents are submitted by the society, the Registrar of Co-operative
Societies would be in a position to take a final decision in the matter within
four weeks thereof.
5. Consequently, we dispose of this writ petition with the direction that
the respondent No.2 society shall submit all the material with regard to Plot
No.20 and any document submitted by Mr S.K.Parashar pursuant to the said
decision dated 21.01.1997 for the consideration of the Registrar of Co-
operative Societies. The said documents will be submitted within four
weeks and the Registrar of Co-operative Societies would take a decision
within four weeks thereafter which shall be communicated to the petitioner.
6. We are making it clear that we have not examined the merits of the
petitioner's claim to allotment. That shall be examined independently by the
society and the Registrar of Co-operative Societies and other concerned
authorities in accordance with law.
The writ petition stands disposed of.
Dasti.
BADAR DURREZ AHMED, J
VEENA BIRBAL, J
NOVEMBER 20, 2009
sk
