Writ petition seeking direction for draw of lots and allotment of a flat in a cooperative housing society, challenging the NCT of Delhi residency requirement. The petition was not pressed on merits; the court directed the Registrar to treat the writ petition as a representation and decide it with hearing within eight weeks.
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versus REGISTRAR COOPERATIVE SOCIETIES & ORS. .....Respondents Through: Mr. K. G. Gopalakrishnan and Ms. Nisha Mohandas, Advs. for R-1. Mr. Arjun Mahajan, Standing Counsel with Mr. Apoorv Upmanyu and Mr. Harsh Vashist, Advs. for DDA.
CORAM: HON'BLE MR. JUSTICE CHANDRA DHARI SINGH HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA O R D E R
% 09.01.2025
“ A. Issue a writ of mandamus and or Certiorari or any other writ order or direction directing Respondent No. 1 to forward the file of the Petitioner to the Respondent No. 3, to carry out the draw of lots and allotment of the flat in his favour in the Home Living CGHS Ltd., Plot No. 14, Sector-9, Dwarka, New Delhi-110077; AND
B. Direct the Respondents Nos. 1 & 3 to consider the case of the Petitioner de-hors the requirement of being a resident of the NCT of Delhi for a period of three years
This is a digitally signed order.
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prior to his application for the enrollment in the Respondent No. 2 (Society) and submitting the affidavit at the time of enrolment and submit the recommendation of the Petitioner's allotment to the Committee constituted under Rule 90 of the DCS rules and to forward the case of the Petitioner to the Respondent No. 3 for allotment; AND
C. Issue a writ of mandamus or any other writ directing Respondent No. 3 to carry out the draw of lots for allotment of the flat to the Petitioner in a time bound manner;
D. Direct Respondent No. 2 to handover the possession of the flat allotted to the Petitioner after the draw of lots;
E. Any other or further orders as this Hon'ble Court may deem fit and proper in the facts of the present matter. ”
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/01/2025 at 14:27:01
along with copy of the instant writ petition before respondent No. 1 within two weeks, after receiving the said writ petition along with copy of order of this Court. The respondent No. 1 is directed to consider the instant writ petition as detailed representation and decide the said representation after giving the opportunity of hearing to the petitioner and pass a detailed and reasoned order expeditiously, preferably within eight weeks, in accordance with law.
CHANDRA DHARI SINGH, J.
ANOOP KUMAR MENDIRATTA, J.
JANUARY 9, 2025/ R
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This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/01/2025 at 14:27:01
2 issues framed by the court
Whether the petitioner could seek allotment of a cooperative housing society flat notwithstanding the three-year NCT of Delhi residency requirement.
Should the Registrar of Cooperative Societies decide the petitioner's representation regarding forwarding his file for flat allotment?
2 provisions across 2 enactments
KRISHAN K BHARGAVA
REGISTRAR COOPERATIVE SOCIETIES
CHANDRA DHARI SINGH
ANOOP KUMAR MENDIRATTA
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
