The High Court dismissed a writ petition challenging a Registrar of Cooperative Societies' order directing vacation of a flat. The Court found the petitioner's claim derived from an unapproved member and upheld the RCS's finding of illegal occupation and double occupation under a single allotment.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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PAWAN KUMAR AGGARWAL ..... Petitioner Through: Mr. Madhu Mukul Tripathi and Mr. R.P. Arora, Advocates
versus
CORAM:
HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
JUDGMENT
MANMOHAN, ACJ : (ORAL)
Signature Not Verified
W.P.(C) 1507/2024 Page 1 of 4
Digitally Signed By:Rashmi Dabas Signing Da te:0 6.02.2024 17:41:56
enlisted in the order dated 23rd February, 2016 passed by the High Court in W.P.(C) No. 7227/2013 and connected matters. He states that the subject Flat number finds no mention in the said order. He also relies upon the order dated 13th September, 2018 passed subsequently in the said writ petitions.
2.1 He states that even the earlier order dated 03rd July 2023 passed by the RCS refers to eight (08) illegal occupants. He states that therefore, the impugned order wrongly includes a direction with respect to the subject Flat for eviction. He states that the Petitioner herein had applied to DDA for conversion of his Flat from leasehold to freehold, which was allowed on 20th January, 2012 and therefore, the settled rights of the Petitioner cannot be interfered with.
It is undisputed that the Petitioner before this Court bought the subject Flat on GPA from Ms. Madhu Gupta (membership no. 411); however, the said Ms. Madhu Gupta’s name was never approved for allotment either by DDA or RCS. On the contrary, as per the records of DDA, the subject Flat No.
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W.P.(C) 1507/2024
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604 was allotted by DDA vide letter dated 17th April, 2002, to Mrs. Anjana Singh (membership no. 351). It appears that the then Managing Committee permitted Mrs. Anjana Singh and Ms. Madhu Gupta to mutually transfer the subject Flat without permission from RCS and DDA.It was in this manner that Ms. Madhu Gupta came in possession of the subject Flat.
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W.P.(C) 1507/2024
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made by DDA in favour of Ms. Anjana Singh, both Flat No. E-604 and Flat No. B-404 are being occupied. This anomaly is sought to be rectified by the RCS.
ACTING CHIEF JUSTICE
MANMEET PRITAM SINGH ARORA, J
FEBRUARY 2, 2024/ msh/hp/sk
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W.P.(C) 1507/2024
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2 issues framed by the court
Whether the Registrar Cooperative Societies' order directing vacation of the flat was legally sound given the petitioner's claim through an unapproved member.
Whether the petition challenging the eviction order based on specific High Court orders merits interference.
Colour shows how this judgement treated each authority
Nirmal Rani v. Registrar of Cooperative SocietyRelied on¶37
SLP (C) No. 17313-17316/2017 titled Nirmal Rani v. Registrar of Cooperative Society
1 provisions across 1 enactments
Pawan Kumar Aggarwal
Govt of NCT of Delhi
Registrar Cooperative Societies
R-3
Manmohan
Manmeet Pritam Singh Arora
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
