Delhi High Court
Shri Parmod Bahl vs Registrar, Cooperative Societies And ... on 8 July, 2024
Author: Tushar Rao Gedela
Bench: Tushar Rao Gedela
$~55
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 9141/2024 & CM APPLs.37388-37389/2024
SHRI PARMOD BAHL .....Petitioner
Through: Ms.Rajeshwari, Mr.Rajesh Sharma,
Mr.Mahesh Kumar, Advocates
versus
REGISTRAR, COOPERATIVE SOCIETIES AND ORS
.....Respondents
Through: Mr.Sanjay Kumar Pathak, standing
counsel with Mr.MS Akhtar,
Mr.Mayank Arora, Mrs. Musarrat B
Hasmi, Advocates for R-2/L&B
% Date of Decision: 08th July, 2024
CORAM:
HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
JUDGMENT
MANMOHAN, ACJ : (ORAL)
1. Present writ petition has been filed seeking directions to Respondents
to allot Plot No.124 in Respondent no.3-society to the petitioner and to
restrain respondent no.3 from inducting new members from the general
public in respondent no.3-society.
2. Learned counsel for the Petitioner states that the petitioner became a
member of respondent no.3-society on 9th June, 1978. She states that
Smt. Krishna Chopra (the then member of the society) was allotted Plot
No.124, measuring 297.7 Sq. Yards situated in Sukhdev Vihar, Jamia Nagar,
New Delhi. However, Respondent no.2 (Land & Building Department of
Delhi Administration) cancelled the membership of Smt. Krishna Chopra
w.e.f. 11th March, 1980.
3. She states that on 1st October, 1982, the seniority list of members in
the waiting list was confirmed by Respondent no.1/RCS in which the
petitioner was placed at SL. No.11 of the waiting list, as many plots were in
dispute. She states that on 5th March, 2004, the petitioner came to know by
way 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 waiting
list of confirmed members had been allotted a plot.
4. She states that on 14th November, 2022, the petitioner gave a
representation to respondent No.1 for allotment of Plot No.124 in
respondent no.3-society, as the Revision Petition No.390/2010 filed by the
legal representatives of Smt. Krishna Chopra had been dismissed by the
Financial Commissioner vide order dated 15th September, 2022.
5. She states that on 26th April, 2024, this Court dismissed the writ
petition, being WP(C) 5882/2024 filed by the legal representatives of late
Smt. Krishna Chopra, for setting aside the orders dated 15th September, 2023
and 22nd September, 2023 passed in Revision Petition No. 390/2010.
6. She alleges that the respondent no.3-society is in the process of
allotting the vacant plot to a third party.
7. Keeping in view the fact that the petitioner's representation has not
been decided till date, the present writ petition is disposed of with a
direction to the Respondent No.1 (Registrar Cooperative Society) to decide
the petitioner's representation dated 14th November, 2022 at Page No.102 of
the paperbook by way of a speaking order in accordance with law within
four weeks. It is clarified that this Court has not commented on the merits of
the controversy. The rights and contentions of all the parties are left open.
With the aforesaid direction, the present writ petition along with pending
applications is disposed of.
ACTING CHIEF JUSTICE
TUSHAR RAO GEDELA, J
JULY 8, 2024
AS
