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2016 Supreme(Del) 4561

SANJIV KHANNA, CHANDER SHEKHAR
Khushal Singh – Appellant
Versus
Registrar of Cooperative Societies – Respondent


Advocates Appeared:
For the Petitioner: Mr. Vinayak Mehrotra.
For the Respondents: Mr. Santosh Kumar Tripathi, Mr. Rizwan, Mr. Jitendra Kumar Singh and Mr. B. Gopinathan.

JUDGMENT :

Sanjiv Khanna, J.

1. The petitioner-Khushal Singh, aged 75 years, is a retired school principal. He was enrolled as a member of the Daffodils Cooperative Group Housing Society Ltd. respondent No. 2 herein, in the meeting of the Management Committee held on 30.09.2000. By letter dated 13.11.2000, the petitioner was informed of the schedule of payment for the cost of flat. By 20.04.2001 the petitioner had paid the entire cost of Rs. 11,33,536/- by way of 10 account payees cheques.

2. The petitioner impugns the order dated 20.06.2013 whereby the office of the Registrar, Cooperative Societies, respondent No. 1 herein, has refused to grant approval of membership of the petitioner in the respondent No. 2 Society. The reason being that the petitioner does not meet the requirement of being a resident of Delhi for 3 years prior to his enrolment as a member.

3. The stand of the respondent No. 2-Cooperative Society is that although a vacant flat is available for allotment to the petitioner, the same cannot be allotted in view of non-approval of membership of the petitioner by the Registrar, Cooperative Societies. Thus, the petitioner, despite being a duly enrolled member and having mad































































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