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IN THE HIGH COURT OF DELHI
D.N. Patel, Jasmeet Singh, JJ.
Sarv Priya Mahajan CGHS Ltd. - Appellant
Versus
Registrar of Co-operative Societies - Respondent
W.P.(C) 5020 of 2021
Decided On : 27-04-2021
JUDGMENT
D.N.PATEL, Chief Justice (Oral)--Proceedings in the matter have been conducted through video conferencing.
C.M.No.15386/2021 (exemptions)
2. Allowed, subject to all just exceptions.
3. The application is disposed of.
C.M.No.15387/2021 (exemptions from filing attested affidavits)
4. For the reasons stated in the application and in view of the present prevailing situation, the present application is allowed. However, the applicant is directed to file duly signed and affirmed affidavits within a period of one week from the date of resumption of regular functioning of the Court.
5. The application is disposed of.
W.P.(C) No.5020/2021 & C.M.No.15385/2021(stay)
6. This writ petition has been preferred with the following prayers:-
"(A) Quash the order dated 15.04.2021, passed by the respondent whereby the administrator cum Returning Officer has been appointed in the Society by the respondent despite of the Returning Officer as requested by the Petitioner Society."
7. We have heard the learned counsel for the parties.
8. At the outset, the learned counsel for the petitioner submitted that it would suffice for the disposal of this writ petition if the representation dated 16th April, 2021 which is already preferred by the petitioner is decided by the concerned respondent authorities as early as possible keeping in view the judgment delivered by Hon'ble Supreme Court and Hon'ble High Court of Delhi as stated in the representation which is annexed as Annexure-I to the memo of this writ petition.
9. In view of this limited submission, we hereby direct the concerned respondent authorities to decide the representation dated 16th April, 2021 preferred by the petitioner, in accordance with law, rules, regulations and Government policies applicable to the facts of the case and also keeping in view the order dated 08.03.2021 in the case titled as Suo Motu Writ Petition (Civil) No.3/2020. The decision shall be taken as early as possible and practicable.
10. With these observations, this writ petition is disposed of.
The court affirms the role of timely administrative decisions in cooperative matters, allowing petitions to seek resolutions rather than solely quashing administrative actions.
Petitioner has the right to have their representation decided by authorities, with the court affirming legal recourse for any grievances.
An appeal can be withdrawn unconditionally without affecting the rights and contentions before the lower court.
The court has the discretion to allow exemption from filing attested affidavit and can direct the concerned authorities to look into the representation submitted by the Petitioner, granting liberty t....
A writ petition may be withdrawn by a petitioner with liberty to pursue other legal remedies available, especially when prior proceedings were withdrawn appropriately.
The court mandated that authorities must address representations regarding the appointment of officers in accordance with relevant laws and within a reasonable timeframe.
The central legal point established in the judgment is the court's emphasis on avoiding multiplicity of proceedings and contradictory orders by allowing the withdrawal of the present petition with li....
Court directed authorities to expeditiously decide a representation for water supply and borewell usage for parks, emphasizing adherence to applicable laws and policies.
The High Court can quash an FIR when parties have amicably settled their disputes and the complainants express a desire not to proceed with prosecution.
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