Santosh Kumari v. Registrar Co-Operative Society, New Delhi & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 11787/2022 SANTOSH KUMARI ..... Petitioner Through:

Mr. Akshay Verma, Advocate versus REGISTRAR CO-OPERATIVE SOCIETY, NEW DELHI & ANR. ..... Respondents Through:

Mr. Anupam Srivastava, ASC for GNCTD with Ms. Sarita Pandey, Advocate for R-1

CORAM:

HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

O R D E R

% 24.01.2024 1.

Present writ petition has been filed by the Petitioner challenging the impugned show cause notice dated 20th March, 2020 issued by Registrar Cooperative Society, New Delhi.

2.

Learned counsel for Respondent No. 1 has handed over a photocopy of the affidavit dated 23rd January, 2024 filed by her with the Registry of this Court. In the said affidavit, it has been averred as under:- "3. That I say that the Registrar, Co-operative Societies vide order dated 02.09.2022 disposed of the proceedings initiated vide show cause notice dated 20.03.2020 regarding the dual membership of 70 members of Modern CGHS Ltd. in Rikki CGHS Ltd. The relevant portion of the order dated 02.09.2022 is reproduced herein as- "In view of the above, I am of the view that due to the dual membership of the Respondents in Modern CGHS Ltd. and Rikki CGHS Ltd., the membership of all the Respondents in the Rikki CGHS is hereby cancelled with immediate effect. It is also observed that Rikki CGHS is a The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/06/2024 at 12:26:07

defunct/non-functional society. Hence, the Asisstant Registrar (Sectio6/11) is directed to initiate necessary actions as per DCS Act, 2003 and Rules 2007 for dissolving the society. The parties are at liberty to avail appropriate legal remedies as per DCS Act, 2003 and Rules, 2007." A copy of the order dated 02.09.2022 is annexed herein as Annexure-A.

4. That I say that in accordance with Section 77 of the Delhi Cooperative Society Act 2003, the deponent herein with prior approval of the RCS, forwarded the names of 9 members of Respondent No. 2 society, including Petitioner's name, to DDA for conducting draw of lots vide letter dated 08.06.2023. A copy of the letter dated 08.06.2023 is annexed herein as Annexure B.

5. That I also say that the Delhi Development Authority, vide letter dated 09.01.2024 addressed to the President of Respondent No. 2 society, scheduled the draw of lots for 19.01.2024. It is submitted that the process of draw of lots was successfully completed on the said date. A copy of the letter dated 09.01.2024 is annexed as Annexure C.

6. That in view of the submissions made above, I say that the grievances of the Petitioner have been addressed and therefore, the present petition is liable to be disposed of."

3.

Learned counsel for the Petitioner states that in view of the aforesaid affidavit, the present writ petition stands satisfied. 4.

Accordingly, the present writ petition is disposed of as satisfied. ACTING CHIEF JUSTICE MANMEET PRITAM SINGH ARORA, J JANUARY 24, 2024/hp The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/06/2024 at 12:26:07