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2007 DIGILAW 91 (DEL)

MANMOHAN GOEL v. MANAV CO-OP. GROUP HOUSING SOC. L.

2007-01-12

ARUNA SURESH, MUKUL MUDGAL

body2007
JUDGMENT Mukul Mudgal, J.-Rule. 2. This Writ Petition challenges the order dated 8th December, 2003 passed by the Registrar, Co-operative Societies. The grievance of the petitioner raised in the Writ Petition stems from the fact that according to the petitioner while allotting/ constructing HIG Duplex Flat such a option for such flats was not given to the petitioner. 3. In this matter, the counter affidavit had been filed by the respondent No.1, Society in September, 2004. In spite of the seven opportunities granted to the Petitioner, the rejoinder has not been tiled while interim order continues. 4. The Registrar has reasoned as follows in the impugned order while dismissing the petitioners claim: "I have gone through the records as well as oral and written arguments advanced by both the Counsel. It is clear from the above that Sh. Manmohan Goel, the petitioner became a member/enrolled as a member of the Society, much later, i.e. on 3.11.96 against vacancies created due to resignation of two members of the Society, who had opted for HIG category of flats and not for HIG Duplex Category, as per the choice form submitted by them, i.e. on 23.9.96/26.9.96. At the time of enrollment as a member by the petitioner, the process of choice forms submission was over and, therefore, there is no question of submitting the choice form again by the petitioner. Moreover, as per the submission of the Society, there is no HIG Duplex flat available in the Society at this stage and in the draw of lots held on 23.9.2002, the applicant has already been allotted a flat in the HIG Category." 5. The learned Counsel for the petitioner has averred in the counter affidavit and relied on a circular dated 6th September, 1996 issued by the Society to all the members calling for their option in the option form for HIG Duplex. Significantly, on 6.9.1996 the petitioner was not even a member of the Society. The petitioner came to the Society only upon resignation of two members Smt. Santosh Gupta and Shri Jay Prakash Singhal who both had opted for HIG and not HIG Duplex flats. The petitioner was infact approved for membership on 3.11.96 well beyond the issue of a circular on 6.9.1996 which granted time upto 30.9.1996 and the option had already been exercised by the predecessors-in-title of the petitioner for the HIG Flats. The petitioner was infact approved for membership on 3.11.96 well beyond the issue of a circular on 6.9.1996 which granted time upto 30.9.1996 and the option had already been exercised by the predecessors-in-title of the petitioner for the HIG Flats. The petitioner could not claim any right to his induction in the Society in 14.11.1996 was well after the period for exercising the option was over on 30.9.1996. 6. Consequently, the petitioner could not have acquired better rights than Smt. Santosh Gupta and Shri Jay Prakash Singhal who had opted for only HIG and not HIG Duplex Flats. Consequently, there is no merit in the Writ Petition and we are fully in agreement with the reasoning given by the Registrar, Co-operative Societies dismissing the plea of the petitioner. 7. Accordingly, writ petition is dismissed with no order as to costs. Writ Petition dismissed.