A.K. VERMA Vs. GOVERNOR

JUDGEMENT

(1.) THIS writ petition is directed against the order dated 13.09.1994 passed by the Financial Commissioner and the order dated 05.08.1992 passed by the Registrar of Cooperative Societies, Delhi. The grievance of the petitioner, in a nutshell, is that his father (Mr R.D. Verma) was the original member of the Punjab National Bank Staff Co-operative House Building Society (Respondent No.5 herein), enrolled in the year 1965. On 14.09.1970, Mr R.D. Verma purchased a half share (75 sq. yds.) in a built-up house bearing No. 3515, Kucha Lal Man, Old Darya Ganj, Delhi. It is also clear that the said property was in a notified slum area. Plot No. 224 in the respondent society's land was allotted to Mr R.D. Verma on 08.05.1980 and the same was transferred by Mr R.D. Verma in favour of his son Mr A.K. Verma, the petitioner herein, on 01.11.1980. Thereafter, a sub-lease was executed by the DDA, on 14.01.1982, in favour of the petitioner. The respondent No.5 society came to know that Mr R.D. Verma had acquired the said property in his name during his membership with the society and, therefore, it was felt that Mr R.D. Verma had incurred a disqualification under Rule 25 (1) (c) of the Delhi Co-operative Societies Rules, 1973 (hereinafter referred to as "the said Rules"). Consequently, his case was referred to the Registrar of Co-operative Societies for adjudication. The Assistant Registrar, Co-operative Societies passed an order dated 01.08.1986 holding that Mr R.D. Verma was disqualified and that his membership had ceased. A copy of this order had been endorsed to the Deputy Director (CS), DDA for information and necessary action. Whereupon, the DDA issued a notice to the petitioner on 19.12.1983 asking him to show cause as to why the sub-lease of the said plot be not determined and possession of the said plot be not taken back, on account of breach of clause II (6) (b) of the sub-lease deed.

(2.) IT appears that Mr R.D. Verma preferred a revision petition before the Lt. Governor against the order dated 01.08.1986 passed by the Assistant Registrar of Co-operative Societies. The Lt. Governor remanded the case to the Registrar, Co-operative Societies on the ground that the property acquired by Mr R.D. Verma fell within a slum area and the property was less than 80 sq. yds. It was also observed by the Lt. Governor that no opportunity had been given to the person affected by the impugned order. The Lt. Governor also took the view that the order dated 01.08.1986 had been passed by the Assistant Registrar of Co-operative Societies, whereas, according to the rules, he had no such power to disqualify or terminate the membership of any person.

(3.) BEING aggrieved by this order, the petitioner filed a revision petition under Section 80 of the Delhi Co-operative Societies Act, 1972, before the Financial Commissioner. The Financial Commissioner did not interfere with the order passed by the Registrar, Co-operative Societies. While doing so, the Financial Commissioner held that it has not been proved that the property said to have been purchased by Mr R.D. Verma was ancestral property and, therefore, the exemption provided under Rule 25 of the said Rules, applicable to such properties located in slum areas, could not be extended to the petitioner.