GOPAL KISHAN Vs. REGISTRAR CO-OPERATIVE SOCIETIES

JUDGEMENT

(1.) THE Petitioner is a member of Respondent No. 2 society. The Petitioner was offered an MIG flat by the society but according to the Petitioner he had paid for and was entitled to a HIG flat. This gave rise to a dispute which was referred to arbitration. An award was made on 14.01.1991 in favour of the Petitioner which has not been assailed further.

(2.) THE Petitioner sought enforcement of the award in respect of which an order was passed on 19.02.1992 and then again on 05.04.1995, on another application filed by the Petitioner. The fact remains that apparently there are no flats available to be allotted to the Petitioner. The Petitioner, however, has filed the present writ petition under Article 226 of the Constitution of India seeking to: enforce the award, and also issuance of a writ against Respondent No. 1/Registrar to cancel allotment to 17 other persons who had been allotted HIG/MIG flats and were evidently junior to the Petitioner.

(3.) THE material aspect to be taken note of is that, in the arbitration proceedings none of the other members whose membership was sought to be cancelled were made a party; though the claim of the Petitioner was only qua such persons.