SATISH KUMAR GROVER Vs. DELHI ADMINISTRATION

JUDGEMENT

(1.) This is a petition with the prayer seeking a direction that the respondent No. 2-Registrar, Co-operative Societies be directed to approve the membership of the petitioner so that respondent No. 3 Delhi Bengali Hindu Cooperative Housing Society Limited (hereinafter referred to as 'respondent No. 3- Society') can allot a plot of land to the petitioner. The petitioner was enrolled as a member of respondent No. 3-Society in the year 1958. It has also been averred by the petitioner in the petition that the shop-cum-residential plot bearing No. H, ad measuring 198.3 sq. yds, was allotted to the petitioner at Tagore Park near Model Town, Delhi 110 009.

(2.) It has been contended by the learned Counsel for the petitioner that although similarly situated other members were given the possession of the plots and even the sub-lease deeds were duly registered in their favour but no sub-lease deed was registered in favour of the petitioner as the possession of the plot, which was allotted to the petitioner, was not given to the petitioner. It seems that respondent No. 2-Registrar, Co-operative Societies has not cleared the name of the petitioner and, therefore, the respondent No. 3 did not give the possession of the plot in question to the petitioner. The membership of the petitioner was not cleared by the respondent No. 2 on the ground that the petitioner was a minor at the time, he was enrolled as a member of the respondent No. 3-Society. The date of birth of the petitioner is 1st October, 1938. There is a letter sent by respondent No. 2 to the Secretary/President of respondent No. 3, which is at page-21 of the paper books, it has been mentioned in the said letter that the membership of the petitioner could not becleared on the ground that he was minor at the time of enrolment as member of the respondent No. 3-Society. The petitioner was enrolled as member in the year 1958 whereas he became major on 1st October, 1956. For no reason or rhyme the petitioner has to wait for such long years for a mistake committed by respondent No. 2.

(3.) Respondent No. 2 has not filed any counter to the writ petition nor anybody is present on behalf of respondent No. 2. During the course of pendency of this writ petition, an affidavit of Dr. J.C. Moona, President of respondent No. 3-Society, has been filed on record to the effect that,