PRAVEEN OBERAI v. REGISTRAR OFFICE OF CO-OP. SOCIETIES
2007-02-14
ARUNA SURESH, MUKUL MUDGAL
body2007
DigiLaw.ai
JUDGMENT Mukul Mudgal, J.-Rule DB. With the consent of the learned Counsel for the parties, the writ petition is taken up for final hearing. 2. This writ petition has been filed by the petitioner who is a member of the respondent NO.3 Sarve Sanjhi Coop. Group Housing Society Limited with the following prayer: "(a) Issue a writ of mandamus or any other appropriate writ directing commanding the respondents to allot a flat of Category B in the Society/R-3 and hand over the possession of the said flat to the petitioner, after verification of the records pertaining to the petitioner." 3. The petitioner was enrolled as a member of the respondent No.3 on 9th May, 1998 and on 17th April, 2005, No Due Certificate was issued to the petitioner who was earlier a defaulter but has now paid all the dues which is the stand taken by the society also. In this view of the matter, the following order was passed by this Court on 9th January, 2007: "The No Objection given by the respondent No.3-Society is required to be verified by the Registrar Office of Co-operative Societies. This may be done not later than three weeks. The reply is also filed within one week from today, the verification, if any, shall be carried out within three weeks. Rejoinder within two weeks. List on 14th February, 2007." 4. This Court by the above order directed the respondent No.1 to verify the No Objection given by the respondent No.3 Sarve Sanjhi Coop. Group Housing Society Limited. The learned Counsel for the respondent No. 1 states that this is not possible to be done as the original record is with the CBI pursuant to an FIR registered under the directions of this Court. We have gone through the said FIR and the FIR does not suggest the involvement of the petitioner in any manner. We have also noticed that the list of the wrongly enrolled persons as mentioned in the FIR does not include the name of the petitioner. Since we are satisfied that the petitioners name does not figure in the FIR there is no impediment in the way of clearance of the petitioners name and the allotment of a flat to him by the respondent No.3 society.
Since we are satisfied that the petitioners name does not figure in the FIR there is no impediment in the way of clearance of the petitioners name and the allotment of a flat to him by the respondent No.3 society. In this view of the matter, we direct that the Registrar of Cooperative Societies will grant a provisional clearance to the petitioner within four weeks from today and the Society will allot a flat to the petitioner. The allotment will be subject to the result of the aforesaid FIR and the criminal proceedings. 5. With the above directions, the writ petition stands disposed of. Writ Petition disposed of.