SHRI KANT AND ORS. Vs. THE REGISTRAR, CO

JUDGEMENT

(1.) These two writ petitions raise similar issues and are, therefore, being disposed of by this common judgment. The prayers made in the two writ petitions are identical and read:-

(2.) The petitioners Shri Kant, Rajbir Singh, Jagdish Chander Beniwal and P.K. Jaiswal in W.P.(C) No. 11997/2015, are members of Saptaparni Cooperative Group Housing Society Ltd. and the petitioner B.N. Singh in W.P.(C) No. 12012/2015, is a member of IDC Cooperative Group Housing Society Ltd. The petitioners in W.P.(C) No. 11997/2015 claim that they were enrolled as members of Saptaparni Cooperative Group Housing Society Ltd. between the period 31st Dec., 2000 and 31st Jan., 2001 and each of them have paid Rs. 32,25,000.00 as their contribution towards the construction of flats. B.N. Singh, the petitioner in W.P.(C) No. 12012/2015 states that he was enrolled as a member of IDC Cooperative Group Housing Society Ltd. on 1st April, 2001 and has paid Rs. 28,00,000.00 as his contribution towards the construction of flats. The aforesaid contribution was in full and no further amount is due and payable towards the construction cost.

(3.) The petitioners are facing prosecution and trial in the charge-sheet filed by the Central Bureau of Investigation (CBI) under Sections 120-B read with Sec. 406, 420, 468, 471, 477A of the Indian Penal Code, 1860, read with Sec. 13(2) and 13(1)(d) of the Prevention of Corruption Act, 1988. Charges have been framed against B.N. Singh. However, at present, the Supreme Court has stayed the criminal proceedings vide order dated 9th Sept., 2013 in SLP (Criminal) Nos. 7591-7592/2011. The aforesaid charge sheets were filed pursuant to the order dated 2nd Aug., 2005 of High Court of Delhi in W.P.(C) No. 10066/2004, Yogi Raj Krishna Cooperative Group Housing Society Ltd. Vs. Delhi Development Authority and anr. , directing the CBI to conduct a thorough investigation into the affairs and matter of 135 cooperative societies.