* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 16^th December 2025 Pronounced on : 12th March 2026 Uploaded on : 13^th March 2026 + WP(C) 2819/ 2018 BIMAL KUMAR JANA S/O. LATE PRAFULLA KUMAR JANA FLAT NO. 504, DELHI EPDP CGHS LTD.

PLOT NO. 19, SECTOR-4, DWARKA NEW DELHI-110078 .....Petitioner Through: Petitioner in person (through VC).

versus SMT. SANTA DEY & ORS.

1. SMT. SANTA DEY FLAT NO. 336, DELHI EPDP CGHS LTD.

PLOT NO.19, SECTOR-4, DWARKA, NEW DELHI-110078.

2. DELHI EPDP CGHS LTD.

PLOT NO. 19, SECTOR-4, DWARKA, NEW DELHI-110078, THROUGH ITS SECRETARY/ PRESIDENT

3. SMT. APARNA BANERJEE FLAT NO.602, DELHI EPDP CGHS LTD.

PLOT NO.19, SECTOR-4, DWARKA, NEW DELHI-110078

4. SMT. SUNITA CHATTERJEE D/O SMT. APARNA BANERJEE R/O FLAT NO.351, DELHI EPDP CGHS LTD.

PLOT NO.19, SECTOR-4, DWARKA, NEW DELHI-110078

5. REGISTRAR OF CO-OPERATIVE SOCIETIES OLD COURT BUILDING, PARLIAMENT STREET NEW DELHI-110001

6. THE FINANCIAL COMMISSIONER GOVT. OF NATIONAL CAPITAL TERRITORY OF DELHI

5 SHAM NATH MARG, DELHI-110054 .....Respondents Through: Mr. Anuj Kumar Sharma, Advocate for R-1.

Mr. M. Qayam-ud-din, Ms. Unzila Fatima, Advocates for R-2.

Ms. Anju Bhattacharya, Ms. Nisha R. Chauhan, Mr. Vinod Fulara, Ms. Nandita Chandra, Advocates for R-3 & R-4.

Mr. Anubhav Gupta, Panel Counsel (Civil) GNCTD for R-5 & R-6.

CORAM:

HON’BLE MR. JUSTICE NITIN WASUDEO SAMBRE HON’BLE MR. JUSTICE ANISH DAYAL

JUDGMENT

ANISH DAYAL, J.

1. The present writ petition has been filed for issuance of Writ of Certiorari for quashing of the order dated 09^th October 2013 passed by the Registrar of Co-operative Societies (‘RCS’), in Case No. F.47/593/SW/GH/Coop/846-853 whereby Show Cause Notice (‘SCN’) dated 14.03.2011 was disposed in favour of respondent no.1, as she was not found to be disqualified under Rule 25(1)(c) of the Delhi Co-operative Societies Rules, 1973 (‘DCS Rules, 1973’) and the subsequent order of the learned Financial Commissioner in Revision Petition no. 236/2013 dated

18^th July 2017 whereby the order of RCS was upheld.

Factual Matrix

2. Petitioner in this case was allotted Flat no. 504 in the respondent no.2/ Society through lottery on 06^th August 2000, whereas respondent no.1 having Membership No. 714 was allotted Flat no. 351 in respondent no. 2/ Society vide draw of lots for allotment of flats held on 06^th August 2000 and subsequently confirmed on 27^th September 2000.

3. Respondent no.1 is wife of Sh. Amal Kumar Dey, who was allottee of Flat no. 257, Ground Floor, Category-II, SFS, Pocket-2, Sector-19, Dwarka, New Delhi of plinth area of 92 sq. mtrs. approximately, allotted by the Delhi Development Authority (‘DDA’) on 18^th June 1996. It was alleged that this fact was concealed by respondent no.1 while filing affidavit for acquiring membership in respondent no.2/ Society vide Membership No. 714.

4. Flat No. 351 was subsequently surrendered by respondent no.1 to the Society and subsequently, the present membership of respondent no.1 was acquired after purchasing Flat no. 336 in the Society from Sh. Biplab Guha in the year 2002.

5. DDA, thereafter, issued a SCN dated 16^th March 2011, to respondent no.1 as to why the membership of respondent no.1 should not be cancelled as membership in the Society has been obtained by furnishing false affidavit and asked for reply within fifteen days. Respondent no.1 failed to reply to the SCN and subsequently DDA vide letter dated 23^rd September 2011 requested RCS to cancel the membership of respondent no.1 on ground of double allotment.

6. Petitioner made a complaint to RCS against the respondent no.1 on 09^th June 2011 for double allotment, on ground that the membership in respondent no.2/ Society was acquired by respondent no.1 by submitting a false affidavit which inter alia stated “that neither I nor my spouse nor any dependent children has owned either in full or part, on leasehold or freehold basis or on Power of Attorney or agreement to sell, in plot or land or house in the National Capital Territory of Delhi”.

7. A SCN was issued on