Disposed

Shri Parmod Bahl v. Registrar, Cooperative Societies and Ors.

Delhi HC8 Jul 2024W.P.(C)/9141/2024

Case brief

AI extract

What is this about?

The High Court disposed of the writ petition seeking allotment of a plot in a cooperative society. The court directed the Registrar of Cooperative Societies to decide the petitioner's pending representation within four weeks by way of a speaking order, clarifying that merits were not adjudicated.

What did the court decide?

Direction to Registrar to decide representation within 4 weeks.

Shri Parmod Bahl Vs Registrar, Cooperative Societies and… — Cooperative Societies | Delhi HC (2024)

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$~55

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 9141/2024 & CM APPLs.37388-37389/2024

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SHRI PARMOD BAHL .....Petitioner Through: Ms.Rajeshwari, Mr.Rajesh Sharma, Mr.Mahesh Kumar, Advocates

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versus

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REGISTRAR, COOPERATIVE SOCIETIES AND ORS

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.....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

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% Date of Decision: 08^th July, 2024

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CORAM:

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HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE TUSHAR RAO GEDELA

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JUDGMENT

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MANMOHAN, ACJ : (ORAL)

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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.

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Learned counsel for the Petitioner states that the petitioner became a member of respondent no.3-society on 9^th 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,

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Signature Not Verified

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Digitally Signed By:JASWANT SINGH RAWAT Signing Date:10.07.2024 19:54:24

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Page 1 of 3

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W.P.(C) 9141/2024

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New Delhi. However, Respondent no.2 (Land & Building Department of Delhi Administration) cancelled the membership of Smt. Krishna Chopra w.e.f. 11^th March, 1980.

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She states that on 1^st 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 5^th 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.

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She states that on 14^th 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 15^th September, 2022.

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She states that on 26^th 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 15^th September, 2023 and 22^nd September, 2023 passed in Revision Petition No. 390/2010.

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She alleges that the respondent no.3-society is in the process of allotting the vacant plot to a third party.

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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 14^th November, 2022 at Page No.102 of the paperbook by way of a speaking order in accordance with law within

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Signature Not Verified

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Digitally Signed By:JASWANT SINGH RAWAT Signing Date:10.07.2024 19:54:24

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Page 2 of 3

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W.P.(C) 9141/2024

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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.

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ACTING CHIEF JUSTICE

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TUSHAR RAO GEDELA, J

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JULY 8, 2024 AS

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Signature Not Verified

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Digitally Signed By:JASWANT SINGH RAWAT Signing Date:10.07.2024 19:54:24

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Page 3 of 3

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W.P.(C) 9141/2024

Shri Parmod Bahl v. Registrar, Cooperative Societies and Ors.

Case brief

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Shri Parmod Bahl v. Registrar, Cooperative Societies and Ors.

Case brief

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