JITENDER KUMAR VERMA Vs. REGISTRAR OF COOPERATIVE SOCIETIES

JUDGEMENT

(1.) The petitioner by this petition seeks a writ of mandamus commanding the respondents to allot flat No. 41-C Ayodhya Enclave, Sector 13, Rohini, Delhi to the petitioner and not to allot the same to respondent No. 3 Shri Ram Pal.

(2.) According to the petitioner, he is a member of Delhi Niwas Cooperative Group Housing Society Limited since 12th June, 1982 and has been regularly depositing the amounts demanded by the society. He has made the entire payments for fiat No. 41-C and more than Rs. 3 lakhs stand paid. Only the instalments of the loan which were payable by the year 2002 to DCHFS remain to be paid by the petitioner. He has also been assessed to House Tax. The respondent No. 3 has paid in all till date a sum of Rs. 68.077.00 . The last payment was made by him on 20th June, 1987. The respondent No. 3 Shri Ram Pal was expelled from membership on the ground, of non-payment and he had not paid any amount for the said flat No. 41-C. It is the only flat now available for allotment. Consequently, it could be allotted to the petitioner only and not to respondent No. 3.

(3.) The respondent No. 3 has taken a preliminary objection that alternative adequate remedy should have been availed under the Cooperative Societies Act 1972. The petitioner is already having his own accommodation. It is not disputed that he was expelled from the membership of the society but that expulsion order has been set aside by the Lt. Governor (Anhexure 'G atp. 100). He had become member on 25th May, 1981. On 17th August, 1988, an interim order in a reference under Sections 60 and 61 of Delhi Cooperative Societies Act, 1972 has also been passed in favour of 68 persons including Ram Pal-respondent No. 3 not to take any action against those 68 members if payment of Rs. 32,000.00 was not made by them till the decision of the application (vide Annexure G). On 4th September 1989, a dispute was referred under Section 60 of the Delhi Cooperative Societies Act for adjudication as to how much payment was to be made by the claimants of the society in terms of the orders dated 13th July, 1988 and whether the claimant was still entitled to the loan from DCHFS or not. This reference was decided on 28th December, 1989 in favour of the respondent No. 3 and he was to supposed to pay a sum of Rs. 53,000.00 in terms of order dated 13th July, 1988 of the Lt. Governor and he was held to be entitled to the loan from DCHFS. Against this order, a revision petition was filed by the society. The same was dismissed as not maintainable under Section 80 of the Act by order dated 17th August, 1990. On 19th August, 1992, Ram Pal again moved an application under Section 71 of the Delhi Cooperative Societies Act, 1972 for implementing the said award dated 28th December 1989. The amount of Rs. 53,000.00 was ordered to be sent along with order dated 19th August, 1992 to the Society. Thereafter another direction was issued. The Society had not handed over the possession to respondent No. 3. According to the respondent No. 3, he was senior to the petitioner and was very much entitled to flat No. 41-C.