AAKASH JINDAL Vs. REGISTRAR CO OP SOCIETIES

JUDGEMENT

(1.) PETITIONER, by this writ petition, seeks quashing of the order dated 19. 12. 2006 passed by the Financial Commissioner in the revision petition under Section 80 of the Delhi Cooperative Societies Act, 1972 and order dated 11. 3. 2002 passed by the Registrar, Cooperative Societies, Delhi. Petitioner also seeks a direction to the Society to transfer the interest of membership of Smt. Devki Devi in favour of the petitioner in the Society and consequently allot a flat to him.

(2.) PETITIONER claims to be the grandson of late Smt. Devki Devi, a member of respondent No. 2-Society. Petitioner's father, Dr. S. K. Jindal had also at one stage staked his claim for devolution of the membership of Smt. Janki Devi on him. The facts relevant for purposes of the present petition may be briefly noted:

(3.) LET us now consider the reasons of the Society for declining to transfer the membership. It is claimed that Smt. Devki Devi vide her resignation letter dated 6. 4. 1992 had resigned from the membership of the Society and the membership subscription of Rs. 100/- was refunded to her on 16. 5. 1992. The Administrator has produced on record the resignation letter dated 6. 4. 1992 and the receipt dated 16. 5. 1992. The Society also contends that the petitioner has no locus as there is no nomination on record in his favour by Smt. Devki Devi. Further petitioner also does not fall in class I heir especially when his father and uncles are alive.