AMIT RATHEE & ANR. vs REGISTRAR CO-OPERATIVE SOCIETIES & ORS.

Judgment text excerpt

$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 25th March, 2025 + W.P.(C) 6768/2021 AMIT RATHEE & ANR. .....Petitioners Through: Mr. Anil Hooda, Advocate with Petitioner-Kamla Rathee in person. versus REGISTRAR CO-OPERATIVE SOCIETIES & ORS. .....Respondents Through: Mr. Anubhav Gupta, Advocate for R/GNCTD. CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE RAJNEESH KUMAR GUPTA Prathiba M. Singh, J. (Oral) 1. This hearing has been done through hybrid mode. 2. The Petitioners - Sh. Amit Rathee and Smt. Kamla Rathee have filed the present petition under Article 226 of the Constitution of India seeking, inter alia, issuance of the membership certificate by the Respondent No. 2 - Railway Line Staff Cooperative Group Housing Society Ltd. (hereinafter “Housing Society”). The Petitioners also seek consequent allotment of a flat in the Housing Society situated at Plot No. 11, Sector-19B, Dwarka, New Delhi-110075. 3. The case of the Petitioners is that they had applied for membership of Signature Not Verified Signed By:MANJEET W.P.(C) 6768/2021 Page 1 of 4 KAUR Signing Date:28.03.2025 16:15:59 the Housing Society way back in the year 2004 and by the year 2013, the entire amount which was to be deposited for allotment of the concerned flat i.e., Rs.28,97,000/- had been duly deposited. 4. The Petitioners, thereafter, repeatedly met the representative of the Housing Society as also the officials of the Registrar Co-operative Societies (hereinafter “RCS”) for allotment of the flat, however, the same was not allotted. It is stated that sometime in 2018, for the first time a letter was received by the Petitioners from the RCS whereby the Petitioners were directed to produce original residence proof, prior to three years from enrolment with the Housing Society, for considering t