Delhi High Court
Col. Mohinder Pratap Wadwa & Anr. vs The Registrar Co-Operative ... on 8 February, 2022
$~13
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 08th February, 2022
+ W.P.(C) 2373/2022
COL. MOHINDER PRATAP WADWA & ANR. ..... Petitioners
Through Mr. Anil Kumar Verma, Advocate.
versus
THE REGISTRAR CO-OPERATIVE
SOCIETIES & ANR. ..... Respondents
Through Mr. Naushad Ahmed Khan,
Additional Standing Counsel for GNCTD.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MS. JUSTICE JYOTI SINGH
JUDGMENT
D.N. PATEL, CHIEF JUSTICE (ORAL)
Proceedings have been conducted through video conferencing.
CM APPL. 6824/2022 (Exemption)
Allowed, subject to all just exceptions.
Application stands disposed of.
W.P.(C) 2373/2022 & CM APPL. 6823/2022 (Interim Relief)
1. We have heard learned counsels appearing on behalf of the parties
and have looked into facts and circumstances of the case.
2. Learned counsel appearing on behalf of the Petitioners submits that
initially, there were 1076 members in the Society namely, Dera Ismail
Khan Co-operative House Building Limited and the purpose of the Society
was to provide residential plots to its members. In June 1979, the building
Signature Not Verified
Digitally Signed
By:KAMAL KUMAR
Signing Date:11.02.2022
22:38:21
plan of the Society was sanctioned by the DDA and on that basis, the
members were allocated the plots against their membership/share certificate
issued by the Society and only 69 members were left out without allotment.
On 05.01.1994, the Executive Committee of the Society submitted a
proposal to MCD for carving out 69 plots out of land ad measuring 7.70
acres reserved for Higher Secondary School in Block-A. While the matter
was pending on 02.08.2002, suddenly the list of 69 members was increased
to 120 members, despite non-availability of land with the Society and the
list was submitted to the Registrar, Co-operative Societies in 2002.
3. It is further submitted that a complaint was given to Respondent
No.1/RCS on 20.01.2020, regarding the anomalies in the functioning of the
Society and on 09.11.2020, the Assistant Registrar passed an order under
Section 35(5) of the Delhi Co-operative Societies Act, 2003 appointing an
Administrator-cum-Returning Officer of the Society. On 19.03.2021, an
order was passed directing the Administrator to file a response on certain
aspects, such as, (a) original freeze list of members; (b) list of membership
of allotted members; and affidavit from the 120 members explaining how
they got the membership.
4. It is the grievance of the Petitioners who are senior citizens and
members of the Society that Respondent No.1 has failed to investigate how
the list of 69 members who were awaiting the allotment of the plots
suddenly increased to a list of 120 members. Further, the Administrators are
repeatedly being changed but no elections are being conducted and the
affairs of the Society are being managed without any regulation. It is further
submitted that the complaint dated 20.01.2020 (Annexure P-1 to the memo
of the writ petition), made to Respondent No.1 is still pending and there has
been no action. It is thus submitted that a suitable direction be given to
Signature Not Verified
Digitally Signed
By:KAMAL KUMAR
Signing Date:11.02.2022
22:38:21
Respondent No.1 to look into the grievances ventilated in complaint dated
20.01.2020, in light of the order dated 19.03.2021, passed by Additional
Registrar, Cooperative Societies (Annexure P-4) and the decision be taken
by Respondent No.1 within a stipulated time frame.
5. Having heard the counsels and in view of the limited submission
made by learned counsel for the Petitioners, as aforementioned, we hereby
direct Respondent No.1 to look into the grievances ventilated in the
complaint dated 20.01.2020 and take a decision thereon, after seeking
response from the Administrator in terms of the order dated 19.03.2021
passed by Additional Registrar, Cooperative Societies. The decision shall
be taken by Respondent No.1, in accordance with law, rules and regulations
applicable to the facts of the case and after giving adequate opportunity of
hearing to all the stakeholders. The decision shall be taken as expeditiously
as possible and preferably within a period of 8 weeks from the date of
receipt of the copy of this order.
6. Needless to state that if the Petitioners are still aggrieved, they will
be at liberty to resort to appropriate remedies available to them, in
accordance with law.
7. With these observations and directions, the writ petition along with
pending application is hereby disposed of.
CHIEF JUSTICE
JYOTI SINGH, J
FEBRUARY 08, 2022
rk/st
Signature Not Verified
Digitally Signed
By:KAMAL KUMAR
Signing Date:11.02.2022
22:38:21
