GIRISH CHANDRA Vs. COMMITTEE OF MANAGEMENT

JUDGEMENT

(1.) Delay of 7 days in filing Special Appeal Nos. 684 and 685 of 2018, and the delay of 8 days in filing Special Appeal No. 686 of 2018, is not opposed and the delay is, therefore, condoned. Delay condonation applications (CLMA 12976/2018, CLMA 12977/2018 and CLMA 12984/2018) stand disposed of.

(2.) Heard Sri A.S. Rawat, learned Senior Counsel assisted by Sri Yogesh Pacholia, learned Counsel for the appellant, and Sri Siddhartha Singh, learned Counsel for the respondent-writ petitioner.

(3.) These appeals are preferred against the order passed by the learned Single Judge in Writ Petition No. 1100 of 2015 and batch dated 6.7.2018. The respondent-writ petitioner, a housing society, had passed a resolution on 25.9.2002 seizing the plots, granted on lease to its members, on the ground that they had transferred the plots without prior consent of the Committee of Management of the society. On a resolution being passed in this regard on 25.09.2002, directing seizure of the plots, the appellants herein questioned the said resolution before the Registrar, Co-operative Societies, Uttarakhand who, after hearing the parties, annulled the resolution passed by the Committee of Management on 25.9.2002. Aggrieved thereby the respondent-writ petitioner preferred an appeal, before the Secretary, Co-operative Societies, which was also dismissed. Aggrieved thereby, the Committee of Management invoked the writ jurisdiction of this Court.