MADAN GOPAL SHARMA Vs. LT GOVRMENT OF DELHI

JUDGEMENT

(1.) With the consent of the learned counsel for the parties, this writ petition is taken up for hearing. The issue involved in the present writ petition is disqualification of the petitioner for allotment of a flat in respondent No. 6 Society by virtue of operation of Rule 25 of the Delhi Co-operative Rules, 1973, which reads as follows :

(2.) The petitioner has been found to be disqualified by the order of the Financial Commissioner dated 22nd September, 1994. It is submitted by the learned counsel for the petitioner that there was a consolidated order passed by the Financial commissioner in three Revision Petitions bearing Nos. 139/94-C.A., 140/94-C.A. and 141/94-C.A. Apart from the petitioner, the entitlement of Mr. Baijnath Singh and Mr. Shiv K. Sharma were also rejected by the Financial Commissioner, and this led to a writ petition filed in this Court being Writ Petition (C) No. 4854/94, titled as Ram Nath Sharma v. Lt. Governor, and the judgment in that case was reported in 2000 (56) DRJ 612 : (AIR 2000 Del 447). The issue involved in the present writ petition was decided by the learned single Judge of this Court in the following terms :

(3.) Placing reliance on the said judgment, the learned counsel for the petitioner submitted that since his share in the ancestral property was not more than 80 sq. yds. he was entitled to rely upon the position of law laid down in the said judgment and claim the exemption from the operation of the Rule 25 of the Delhi Co-operative Society Rules, 1973 against him.