MUKUL MUDGAL, J.

( 1 ) RULE DB. With the consent of the learned counsel for the parties, the writ petition is taken up for final hearing.

( 2 ) THE petitioner is a member of Maulana Azad Cooperative Housing society formed in 1959-60 and the petitioner was enrolled as member in 1967 with enrollment number 125 and the writ petition is based on the averment that the petitioner has already completed all formalities viz. clearance of all dues and furnishing of all requisite documents including those required by respondent No. 1 - Registrar, Cooperative Society (in short 'rcs') for clearance of membership.

( 3 ) THE grievance raised by the petitioner is that inspite of furnishing all documents required in law, the membership of the petitioner has not been cleared by the RCS/respondent No. 1. In paragraph 3 of the writ petition, it has been averred that the society has developed 95 plots out of the land allotted in Pitampura by the DDA for allotment by the society and out of the said 95 plots of land, 91 plots have already been allotted, leaving four vacant plots with the society. The society has recommended the name of the petitioner along with two others and the society is averred to have completed all the formalities.

( 4 ) THE RCS/respondent's case proceeds on the basis that the enrollment of other members upon resignation were sought from the Society as evident from the letter dated 15th June, 2005 which sought details of 7 members bearing membership Nos. 131 to 137. Thereafter the process of verification of documents had delayed the clearance of the membership of the petitioner. The petitioner has submitted that in compliance of the above formalities required to be completed, the following documents were submitted with the office of the RCS/respondent No. 1:

(a) True copy of Resolution of the Managing Committee dated 21. 11. 2004 resolving the issue of NOC for the membership of petitioner and other two members. (b) The respondent authority demanded compliance of requirement for membership No. 125, 126 and 138 as a precondition of clearance. (c) The society by its letter dated 10. 03. 2005, acknowledged the receipt of above letter and furnished those details immediately. (d) Despite the completion of all formalities as contained in letter dated 10. 03. 2005 for the clearance of membership of the petitioner, the respondent authority with a view to delay the process issued another letter dated 6. 10. 2005, whereby demanding certain other details generally not related with the individual case of the petitioner. (e) Even this demand of the RCS was met by furnishing the details in required format again vide letter dated 19. 10. 2005.

( 5 ) SINCE the petitioner is a person having multiple diseases aged about 70 years and has no other residential house in Delhi, the petitioner approached this Court under Article 226 of the Constitution. The respondent no. 1, RCS's stand as reflected in the counter affidavit reads as follows:-

"2. That the contents of para 2 of the writ petition are admitted only in so far as they are matters of record anything contrary thereto is wrong and denied. It is submitted that the Respondent society was requested to submit the complete proposal along with complete documents required as per DCS Act/rules and directions issued from time to time. It is wrong to say that the society fulfilled all the formalities as required under various directives. The society failed to file documents as per directives dated 26. 3. 1990 and 7. 6. 1990 regarding acceptance of resignations and fresh enrollments. This department is concerned about the problems being faced by members of various societies. If the cooperative societies submit their proposal for conduct of draw of lots with complete documents, than only the same can be disposed of in a time bound manner by this department. The department has to conduct prior verification of members before approving proposals for conduct of lots as per provisions of DCS Act and Rules