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W.P.(C)5206/2015
Date ofJudgment:27.08.2015 JAIKISHAN BANSAL Petitioner
Through : Mr.RaviP.Shukla,Adovcate.
Through : Mr.Akhil Sibbal,Mr.Apar Gupta,and Mr.Rijwan,Advocates forrespondent
No.3.
Mr.Anuj Aggarwal,Addl.Standing Counselfor respondentNo.9.
Mr.Vaibhav Agnihotri,Advocate for respondentNo.10/DDA.
HON'BLE MS.JUSTICE SANGITA DHINGRA SEHGAL G.S.SISTANI.J(ORALI
JUDGMENT
1. Mr. Agnihotri, learned counsel for the DDA wishes to make correction in the reply filed by DDA. Learned counsel for the parties have no objection. Mr. Agnihotri is allowed to make correction and put his initial thereon.
2. The grievance of the petitioner is primarily two folds. First, being a permanentand genuine Member ofthe respondentNo.1 Society, his name does not figure in the list of Members. Second, the Management ofthe Society has illegally inducted persons as tenants against their By Laws and the Co-operative Society Actand Rules framed there under. fV. p.(C)5206/2015 Page1of[4] 2015:DHC:11519-DB
3. While issuing notice in this matter, the following order was passed: In view ofthe above,it is additionally directed asfollows:
(i) The counter affidavit shall be filed by the served respondents within six weeks from today. With the counter affidavit, the respondent no.l shall place complete details ofthe licence agreements,based whereon the respondent nos. 2 to 8 have been permitted to occupy the flats.
(ii) The Registrar ofCo-operative Societies shall place on record the verified list of members ofthe society before the nextdate ofhearing.
(iii) The Registrar ofCo-operative Societies shall also proceed in the matter with regard to the recommendation of the names of the members for participation in draw of lots which shall be held by the DDA as soon as possible after the receipt of the said recommendations.
4. Mr.Sibbal,Advocate,who appears on behalfofthe respondent Society submits that the malpractices can be attributed to the previous managementand after the elections which were held in May,2014,the present management ofthe Society is making every endeavour to approach the Registrar of Co-operative Society for fmalization ofthe list of Members and conducting the draw of lots. He further submits on instructions that the Society shall cooperate with the Registrar of Societies and provide all the necessary information regarding the list of members. With respect to the second grievance of the petitioner, learned counsel for the respondent Society submits W.p.(C)5206/2015. Page2of[4] that the petitioner is very much a Member of the respondent No.l Society but his name does not figure in the list as the petitioner did not provide the particulars with regard to the payments made by him. Mr.Sibbal further submitsthatin case, the proof of the payments is furnished, the name of the petitioner shall also be furnished to the Registrar.
5. Mr.Agnihotri,Advocate appearing for DDA submits that out of r 64 Members, particulars regarding 41 Members have been furnished and verification process has been completed and Members are concerned, documents and complete information have notbeen supplied.
6. In view ofthe stand taken by the counsel for the parties, we dispose of the. present writ petition with following agreed directions: U' 0 The petitioner shall furnish the proofofpayments again to the respondent Society within one week from today. In case,the respondent Society is not satisfied, the.Society j may seek further information from the petitioner and in ^ case. Society is satisfied, the name ofthe petitioner will be included in the list of Members and forwarded to the ii) The Registrar of Society is directed to take necessary steps for conducting necessary verification for which the Society shall cooperate and provide all necessary information. iii) The Registrar of Society will then conduct the draw of JF.p.(C)5206/2015 Page3of[4] Q lots. iv) The Registrar of Society will complete the entire procedure within three months. iv) The respondent Society will furnish the list ofremaining 23 Members including the petitioner or any similarly placed Member within two weeks and a composite draw oflots will be conducted. v) DDA is directed that as far as possible,draw oflots shall be conducted within three months after the aforesaid process. vi) Registrar of Society will also consider the present writ petition as a representation of the petitioner and after giving an opportunity to him, will pass a speaking order within four weeksfrom today.
7. The present writpetition stands disposed of.
8. Copy ofthe order be given dasti,as prayed.
AUGUST 27,2015 gr r G.S.SISTANI,J SANGI/AilHIJNjiGRA SEHGAL,J -+ 1