ABHAY S. OKA, PANKAJ MITHAL
Purushottam Bagh Sahkari Awas Samiti Ltd. – Appellant
Versus
Shobhan Pal Singh – Respondent
JUDGMENT :
PANKAJ MITHAL, J.
1. The challenge in these appeals is to the common judgment and order dated 17.07.2023 passed by the learned Single Judge of the High Court allowing three writ petitions based on similar and identical facts whereunder writ petition no.18933 of 2011 was treated as a leading case and the facts of the same were narrated in the impugned order.
2. In view of the above, as the writ petition was decided on the basis of the facts of one of the writ petitions, we also consider it appropriate to narrate the facts of the same only while adjudicating upon the correctness of the judgment and order of the writ court.
3. A society with the name Purushottam Bagh (residential) Sahkari Awas Samiti Ltd., Dayal Bagh, Agra, was formed in accordance with the provisions of the U.P. Cooperative Societies Act, 1965. In the said society, late Krishna Pal Singh, the predecessor-in-interest of the present respondents was one of the members. The said society developed a residential colony wherein a plot No. B-1, measuring 933 sq. meters was allotted in favour of Krishna Pal Singh and a sale deed in his favour was executed on 14.07.1983. It may not be out of place to mention here that u
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