IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Ravindra Maithani, J.
Committee Of Management Doon Valley Officers Co-operative Housing Society Ltd. - Appellant
Versus
State Of Uttarakhand - Respondent
Writ Petition (M/S) No. 1100 of 2015, 1101 of 2015, 1102 of 2015
Decided On : 05-05-2021
| Table of Content |
|---|
| 1. background of ongoing litigation and membership issues (Para 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. petitioner's legal arguments regarding the validity of the transfer (Para 11 , 13 , 14 , 16 , 17 , 18) |
| 3. clarification of legal principles regarding cooperative society law (Para 12 , 15 , 19 , 20) |
| 4. judicial review principles applicable to cooperative societies (Para 25 , 26 , 27 , 28) |
| 5. court's analysis and interpretation of section 128 of cooperative act (Para 41 , 43 , 44) |
| 6. the validity and restrictions of transfer and membership in cooperative societies (Para 92 , 99 , 102 , 107) |
| 7. final order quashing previous decisions and setting aside the orders (Para 117 , 118 , 119 , 120) |
JUDGMENT
Ravindra Maithani, J. - Since common question of law and facts are involved in all these three writ petitions, they are being decided by this common judgment.
FACTS
WRIT PETITION (M/S) NO. 1100 OF 2015
2. This petition is preferred for quashing the order dated 18.04.2015 passed under Section 98 (2) (a) of the Uttar Pradesh Cooperative Societies Act, 1965 (for short, "the Act"), passed in Appeal No. 07 of 2013, Doon Valley Officers' Cooperative Housing Society, Dehradun Vs. Registrar, Cooperative Societies and others (for short, "the appeal"). By the impugned order the appellate authority (respondent no. 3 herein) upheld the order dated 28.11.2002 passed by the Registrar, Cooperative Societies (conveyed vide Letter No. 693/Vidhi//Ni.Sa.Sa/2002 dated 28th November, 2002). The Registrar, by his order dated 28.11.2002, had rejected the objections of Doon Valley Officers' Cooperative Housing Society Limited, Dehradun (for short, "the Society") against extension of time for raising construction by the respondent no. 4 Ram Gopal.
3. The facts necessary for disposal of the instant petition have a long history. It is the third round of litigation. Shortly stated, the facts are as under:
(i) The Society is constituted under the Act with the objectives of providing land and other materials for construction of houses to its members, etc. A plot bearing No. 117, Phase-I of the Society (hereinafter referred to as "the plot") was allocated to R.S. Chug, who transferred it to D.P. Nangia on 28.09.1984. D.P. Nangia did not construct the house on time and sought extension, but he did not construct his house for a decade. He was issued various notices by the Society. D.P. Nangia executed a power of attorney (POA) in favour of Major (retd.) Naresh Gupta on 07.01.1991. On the strength of the POA, Major (retd.) Naresh Gupta executed a transfer lease deed in favour of the respondent no. 4 Ram Gopal on 23.07.2001. For this transfer, permission of the Society was never sought. In fact Sri D.P. Nangia had died on 13.05.1998, almost 3 years prior to execution of transfer of lease deed.
(ii) On 03.11.1993, the Committee of Management of the Society (for short, "the petitioner") was not functional and an Administrator was appointed. The Administrator, on 03.11.1993, admitted the respondent no. 4 Ram Gopal as a member of the Society. Before that, on 18.07.1993 the General Body of the society had resoled that no new member would be enrolled and plots shall not be allotted till the further decision of the General Body.
(iii) The petitioner on 24.08.2002 by a resolution on point no. 4 cancelled the membership of the respondent no. 4. This resolution of the committee of management was quashed under Section 128 of the Act by the Registrar on 28.11.2002 (conveyed by Letter No. 691/Vidhi/Ni.Sa.Sa. dated 28th November, 2002).
(iv) Simultaneously, on 25.09.2002, the petitioner by a resolution on point no. 3 considering that inspite of numerous notices issued by the Society and in violation of Bye-law 50, the respondent no. 4 Ram Gopal had not undertaken construction work of the residential house, resumed the plot.
(v) It appears that in the meanwhile, respondent no. 4 Ram Gopal sought extension of time for raising construction on the plot from the Registrar, which was extended t
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