Disposed¶24

Usha Kaul v. Registrar Cooperative Societies & Ors.

Delhi HC9 Jan 2025W.P.(C)/191/2025

Case brief

AI extract

What is this about?

CGHS flat allotment Dwarka; Home Living CGHS Ltd.; Registrar Cooperative Societies; DDA draw of lots; three-year NCT Delhi residency requirement for society enrollment; Rule 90 DCS rules committee; writ petition treated as representation; mandamus; Articles 226/227 Constitution of India; disposal without decision on merits; Delhi High Court order dated 09.01.2025.

What did the court decide?

Innocuous prayer allowed: petitioner to represent its case with a copy of the writ petition before Respondent No. 1 within two weeks; Respondent No. 1 to consider the writ petition as a detailed representation and decide it after hearing by a detailed and reasoned order, preferably within eight weeks, in accordance with law; writ petition disposed of with pending applications. ¶24

Usha Kaul Vs Registrar Cooperative Societies & Ors. — Writ and Judicial Review | Delhi HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether Respondent No. 1 was obliged to forward the petitioner's file to Respondent No. 3 (DDA) for draw of lots and allotment of a flat in Home Living CGHS Ltd., Plot No. 14, Sector-9, Dwarka, New Delhi-110077. +1 more

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Ratio / Principle

The writ petition was not pressed on merit; the Court allowed the unopposed innocuous prayer and directed the petitioner to represent its case, along with a copy of the writ petition, before Respondent No. 1 within two weeks.

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Key takeaways

Respondent No. 1 is to treat the writ petition as a detailed representation and decide it after affording the petitioner an opportunity of hearing, by a detailed and reasoned order, expeditiously and preferably within eight weeks, in accordance with law.ratio¶23
With the aforesaid directions, the writ petition stands disposed of along with pending applications, if any.ratio¶24

Detailed headnote1 paragraphs

Delhi High Court (Chandra Dhari Singh and Anoop Kumar Mendiratta, JJ.), W.P.(C) 191/2025 with CM APPL. 856/2025, order dated 09.01.2025: Writ petition under Articles 226/227 by Usha Kaul sought mandamus/certiorari directing the Registrar Cooperative Societies (R-1) to forward the petitioner's file to DDA (R-3) for draw of lots and allotment of a flat in Home Living CGHS Ltd., Plot No. 14, Sector-9, Dwarka, and to consider the case de hors the requirement of three years' residence in the NCT of Delhi prior to enrollment in the society, with reference to the Committee under Rule 90 of the DCS rules. The petition was not pressed on merits; counsel prayed that it be treated as an application/representation before Respondent No. 1, a prayer not opposed by R-1. Allowing the innocuous prayer, the Court directed the petitioner to represent its case before R-1 within two weeks, and R-1 to decide the representation after opportunity of hearing by a detailed and reasoned order, preferably within eight weeks, in accordance with law. Petition disposed of along with pending applications. No adjudication on merits; no precedent laid.

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$~47

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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W.P.(C) 191/2025, CM APPL. 856/2025 USHA KAUL .....Petitioner Through: Mr. Ashok Bhan, Sr. Advocate with Mr. Subash Bhat, Mr. Abhishek Sharma, Ms. Parvati Sharma, Mr. Shashank Kaushik, Mr. Arsh Kaul and Mr. Anupam Raina, Advs.

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versus

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REGISTRAR COOPERATIVE SOCIETIES & ORS. .....Respondents Through: Ms. Nitika Bhutani, Adv. for R-1. Ms. Latika Malhotra, Adv. for R-3/DDA.

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CORAM:

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HON'BLE MR. JUSTICE CHANDRA DHARI SINGH HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA

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O R D E R % 09.01.2025

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The instant writ petition under Article 226 and 227 of the Constitution of India has been filed on behalf of the petitioner seeking the following reliefs:

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“ 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

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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 prior to his application for the enrollment in the Respondent No. 2 (Society) and submitting the affidavit at

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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 14:27:00

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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

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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;

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D. Direct Respondent No. 2 to handover the possession of the flat allotted to the Petitioner after the draw of lots;

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E. Any other or further orders as this Hon'ble Court may deem fit and proper in the facts of the present matter. ”

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After some arguments, learned senior counsel appearing on behalf of the petitioners, on instructions, prayed to treat respective writ petitions as applications or representations before respondent No. 1 and respondent No. 1 may be directed to decide the said applications or representations expeditiously in accordance with law after giving opportunity of hearing to the respective petitioners, in the time as prescribed by this Court.

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Learned counsel appearing on behalf of respondent No. 1 vehemently opposed the writ petitions on merit but has no objection to the innocuous prayer made by the learned counsel for the petitioners.

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Heard both the sides and perused the material placed on record.

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Since the instant writ petition was not pressed on merit at this stage and only an innocuous prayer was made by the learned counsel for petitioner, which is not opposed by respondent No. 1, we are inclined to allow the instant innocuous prayer as made. The petitioner is directed to represent its case 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

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This is a digitally signed order.

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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 14:27:00

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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.

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With the aforesaid directions, the instant writ petition is disposed of along with pending applications, if any.

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CHANDRA DHARI SINGH, J.

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ANOOP KUMAR MENDIRATTA, J.

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JANUARY 9, 2025/ R

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Click here to check corrigendum, if any

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This is a digitally signed order.

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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 14:27:00

Usha Kaul v. Registrar Cooperative Societies & Ors.

Case brief

What is this about?

What did the court decide?

Usha Kaul v. Registrar Cooperative Societies & Ors.

Case brief

What is this about?

What did the court decide?

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What the court decided

Issues for consideration

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