PANKAJ ROY WADHWA Vs. REGISTRAR CO-OPERATIVE SOCIETIES

JUDGEMENT

(1.) The present petition has been filed by four petitioners, who claim to be members of the respondent No.4/Sarai Sidhu Ilaqa Co-operative Group Housing Society Ltd. praying inter alia for issuing directions for refund of a sum of Rs.32,18,767.50 with interest, that the respondent No.3/DDA had forfeited on cancelling the allotment of a parcel of land made in favour of the Society, vide letter dated 28.02.1994. Pertinently, at that time, the respondent No.3/DDA had refunded a sum of Rs.31,76,414.50 paise to the respondent No.4/Society.

(2.) Vide order dated 29.01.2003 passed by the respondent No.1/RCS, the Society was directed to refund the amounts deposited by the members with interest at the prevailing rate after proper verification of the members. It is claimed by Mr. Wadhwa, learned counsel for the petitioners that though the respondent No.4/Society had filed a writ petition in this Court, registered as W.P.(C) 614/1995, challenging the action of the respondent No.3/DDA of forfeiting the earnest money of Rs.32,18,767.50 paise and the said petition was admitted for regular hearing on 110.1995, the same was not prosecuted effectively by the Society. As a result, the petition was dismissed on 11.10.2005. Subsequently, on a restoration application being filed by the Society, the said petition was restored to its original position vide order dated 21.11.2005 and yet again, as none had appeared on behalf of the Society, it was ultimately dismissed for non-prosecution on 04.02009.

(3.) After waiting for eight long years, the petitioners have filed the present petition stating inter alia that the respondent No.3/DDA be directed to refund the earnest money deposited by the respondent No.4/Society together with interest and call upon the office bearers of the Society to compensate them for the harassment and agony caused to them.