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2024 Supreme(Del) 174

MANMOHAN, MANMEET PRITAM SINGH ARORA
Sarla Sharma – Appellant
Versus
Delhi Niwas Cghs Ltd. – Respondent


Advocates appeared:
Mr. J.P. Sengh, Sr. Advocate with Mr. Vijay Dahiya, Mr. Shashank Sharma and Mr. Naresh Chahar, Advocates, for the Petitioner.
Mr. Sandeep Kumar, Advocate for R-1.
Mr. Karn Bhardwaj, ASC for GNCTD with Mr. Rajat Gaba, Mr. Shubham Singh, Advocates for R-2.

JUDGMENT (Oral)

MANMEET PRITAM SINGH ARORA, J.

1. The present Writ Petition filed under Article 226 of the Constitution of India, impugns the order dated 12.10.2023 passed by the Financial Commissioner in Case No. 106/2021 i.e., the Revision Petition filed under the Section 116 of the Delhi Cooperative Societies Act, 2003 (`DCS Act'), by the Petitioner herein.

1.1. The Registrar of Co-operative Society (`RCS') i.e., Respondent No.2 vide its order dated 02.06.2000 cancelled the membership of one Mr. P.C. Gautam from the Respondent No.1, society qua the flat 94-B which is situated in Delhi Niwas CGHS LTD. i.e. Respondent No.1 (`Subject Flat') on the ground that Mr. P.C. Gautam had concealed in his membership application affidavit that his wife also had an allotment in a separate co- operative society. The said order was challenged right upto Supreme Court and was upheld. The said order therefore attained finality.

1.2. In furtherance of the order dated 02.06.2000 the Delhi Development Authority (`DDA') vide order dated 23.04.2007 cancelled the conveyance deed dated 31.12.1998 of Mr. P.C. Gautam with respect to the Subject Flat.

1.3. Mr. P.C. Gautam preferred a writ petition (WP(C) 3623/20

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