Amit Matta And Others v. State Of Haryana And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH (104+225) CM-6799-LPA-2025 in/and Date of Decision : September 08, 2025 Amit Matta and others .. Appellants

Versus

State of Haryana and others .. Respondents

CORAM:

HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI HON'BLE MR. JUSTICE VIKAS SURI

Present:

Ms. Nitika Sharma, Advocate, for appellants No. 1 to 21 (except appellant No.14).

Ms. Indu Kaul, Advocate-appellant No.22 in person with M. Abhinav Bali, Advocate and Mr. Vikram Kaul, Advocate. Mr. Aalok Jagga, Advocate, for appellant No.14. Ms. Anu Pal, Addl. Advocate General, Haryana. Mr. Nilesh Bhardwaj, Advocate and Mr. Daman Chaudhary, Advocate, for the applicant in CM-6799-LPA-2025.

Mr. Pardeep Solath, Advocate, for respondents No. 7 to 12. HARSIMRAN SINGH SETHI J. (ORAL) CM-6799-LPA-2025 Present application has been filed for impleading the applicant Jitesh Mehta as appellant No.23.

Keeping in view the averments made in the application, which are duly supported by an affidavit, the application is allowed. Applicant Jitesh Mehta is impleaded as appellant No.23 in the present appeal and the amended memo of parties attached with the present application is taken on record.

1.

Present Letters Patent Appeal has been filed against the order dated 06.07.2022 passed by the learned Single Judge by which, two orders passed by the Additional Chief Secretary, Department of Cooperation, Haryana disposing of Revision Petition No.16 of 2017 titled as Amit Matta and others vs. Deputy Registrar, Cooperative Societies, Gurugram and others (Annerxure P-13) as well as Revision Petition No.79 of 2020 titled as Dr. Anil Chaudhary and others vs. Registrar Cooperative Societies, Haryana at Panchkula and others (Annexure P-14), were set aside on the ground that the same is perverse.

2.

The grievance being raised before this Court is that setting aside of the aforesaid order is incorrect or in the alternative, even if, the said orders were to be set aside, the revision petitions ought to have been decided afresh by the said competent authority by duly taking into consideration the view of all the concerned who are raising grievance qua the Shanti Niketan Cooperative Group Housing Society Limited, Sector 52, Gurugram in any manner.

3.

It may be noticed that the grievance raised before the Additional Chief Secretary, Department of Cooperation, Haryana was with regard to the addition of certain members to the Society, holding of the Election of the said Society as well as the allotment of the dwelling unit by the Society to its member and constructions carried out thereon. 4.

Learned counsel appearing on behalf of the respective parties submit that they are agreeable and would have no objection, if the matter is reconsidered by the Additional Chief Secretary, Department of Cooperation, Haryana to be decided afresh within a time bound manner after duly taking into consideration the grievance of all the concerned. 5.

Keeping in view the said agreement between the parties, the present Letters Patent Appeal is disposed of with a direction to the Additional Chief Secretary, Cooperation, Haryana to decide the Revision Petition No.16 of 2017 titled as Amit Matta and others vs. Deputy Registrar, Cooperative Societies, Gurugram and others (Annerxure P-13) as well as Revision Petition No.79 of 2020 titled as Dr. Anil Chaudhary and others vs. Registrar Cooperative Societies, Haryana at Panchkula and others (Annexure P-14) afresh by giving due opportunity of hearing to the parties concerned.

6.

It may be noticed that while deciding the said revision petitions, in case any other grievance is also raised by any person, who claims to be the member of the Society or wants to become the member of the Society, or with regard to the constructions of the dwelling units, same should also be looked into.

7.

As, the matter is being remanded back, so that no financial loss is caused to any of the person, who claims to be member or wants to become the member of the Society concerned qua the construction of the dwelling unit, till the said decision is given by the Additional Cooperative Society, no further construction of the dwelling unit should be undertaken and status quo be maintained till the said date.

8.

Thereafter, the constructions if any will be undertaken on the directions of the competent authority of the Society, which should be in the interest of the members of the Society and should be in consonance with the order passed by the Additional Chief Secretary, Department of Cooperation, Haryana.

9.

The Committee which is looking into the affairs of the Society as of now, is also directed that in the interregnum, the constructions which have already undertaken is maintained in a proper manner so that no financial loss is caused to the member of the Society. 10.

The present appeal is disposed of in above terms. 11.

Civil miscellaneous application pending if any, also stands disposed of.

(HARSIMRAN SINGH SETHI) JUDGE September 08, 2025 (VIKAS SURI) harsha JUDGE Whether speaking/reasoned : Yes Whether reportable : No