Secretary Cum Information Officer Panchshila Co-Operative House Building Soceity v. H.R. Vaish And ANR

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 9844/2015 SECRETARY CUM INFORMATION OFFICER PANCHSHILA CO-OPERATIVE HOUSE BUILDING SOCEITY ..... Petitioner Through Mr. Anil Amrit, Advocate.

versus H.R. VAISH AND ANR ..... Respondent Through Mr.

Naushad Ahmed Khan, Advocate.

CORAM:

HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 19.01.2017 Counsel for the petitioner-Cooperative Society submits that the persons, who are not even in occupation of separate dwelling units in view of the impugned order passed by the Registrar, Cooperative Societies and affirmed by the Financial Commissioner, will be entitled to membership.

We have considered the said contention and observe that in the present case respondent No.1 is in occupation and as per the family settlement has become owner of a separate dwelling unit as recognized and defined in the building bye-laws. This being the position, we do not see any reason or ground to

interfere with the impugned orders, which are just and fair. We also observe that the impugned orders do not hold or record that persons in occupation of small portions which are not dwelling units are entitled to membership.

In view of the aforesaid observations, counsel for the petitioner seeks permission to withdraw the present writ petition. The writ petition is dismissed as withdrawn.

SANJIV KHANNA, J.

CHANDER SHEKHAR, J.

JANUARY 19, 2017 NA