RAVI KAPOOR Vs. REGISTRAR, DELHI COOPERATIVE SOCIETIES

JUDGEMENT

(1.) By filing these writ petitions the petitioners have sought for issuance of a writ of mandamus against both the respondents with the prayer that respondent No.1 be held guilty of not acting in accordance with law and for issuance of a direction to respondent No.2 to return the money of Rs.40,000/- together with interest to the petitioners.

(2.) Counsel for the petitioners has submitted that the amount of Rs.40,000/- was taken from the petitioners by respondent No.2 towards entry fee, which was paid by the petitioners to respondent No.2 on their demand. The receipt issued by respondent No.2 in that regard is relied upon by the counsel for the petitioners in support of the said contention. It is submitted that the demand and receipt of the aforesaid amount of Rs.40,000/- as entry fee was illegal and that the receipt of the same is in contravention of the directions issued by the High Court.

(3.) After notice was issued In the writ petitions, the respondents entered appearance and during the course of hearing, counsel for respondent No.2 submitted before us that the aforesaid amount was paid by the petitioners on their own as donation. It was also submitted before us that the said amount of Rs.40,000/- was not taken by the Society as entry fee. The learned counsel appearing for respondent No.2 also submitted before us that respondent No.2 informed the petitioners by letter dated 24th December, 2004 that the amount of RS.40,000/- could be taken back by the petitioners, consequent upon which the said amount was refunded by respondent No.2 to the petitioners under letter dated 15th January, 2005.