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High Court of DelhiW.P.(C)/6592/2016

The Naval Technical Officers, Cooperative Group Housing Society Ltd. & ORS v. The Registrar, Cooperative Group Housing Society & ORS

2016-08-01Hon'Ble Ms. Justice Sunita Gupta,Hon'Ble Mr. Justice Sanjiv Khanna2 pages

$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6592/2016 & CMs 27071 - 27072 /2016 THE NAVAL TECHNICAL OFFICERS, COOPERATIVE GROUP HOUSING SOCIETY LTD. & ORS ..... Petitioner Through Mr Bahar U. Barqi, Adv.

versus THE REGISTRAR, COOPERATIVE GROUP HOUSING SOCIETY & ORS ..... Respondent Through Mr Anuj Aggarwal, ASC for GNCTD/R-1, 3 & 5 Mr Sanjeev Sabharwal, Standing Counsel for DDA

CORAM:

HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MS. JUSTICE SUNITA GUPTA

O R D E R

% 01.08.2016 The impugned notification regularizing self draw dated 17.10.2011 was passed more than four years back. This notification was challenged by some members of the cooperative society - The Navel Technical Officers, Cooperative Group Housing Society Ltd. and their writ petitions have been dismissed. The notification dated 17.10.2011 has been upheld by a Division Bench in the judgment dated 31.05.2016 passed in W.P.(C) No.519/2012, titled 'Manohar Lal & Anr. v. The Registrar, Co-op. Group Housing Society and Ors.'. After some arguments, learned counsel for the petitioners seeks liberty to withdraw the present writ petition to examine this judgment and if there is some grievance, he may approach the Court.

We clarify that if a fresh writ petition is filed, the Court may examine whether the writ petition itself would be maintainable on the ground of delay and laches and also the fact that other members of the cooperative society had challenged the notification dated 17.10.2011.

The writ petition is accordingly dismissed as withdrawn.

Pending CMs also stand disposed of.

SANJIV KHANNA, J SUNITA GUPTA, J AUGUST 01, 2016/rd