SOURABH BHUTANI vs REGISTRAR OF COOPERATIVE SOCIETIES & ANR.

Judgment text excerpt

$~70 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 20th March, 2025 + W.P.(C) 7548/2023 & CM APPL. 29271/2023 SOURABH BHUTANI .....Petitioner Through: Mr. Abhishek Gupta, Adv. versus REGISTRAR OF COOPERATIVE SOCIETIES & ANR. .....Respondents Through: Ms. Avni Singh, Adv. for GNCTD with Mr. Satish Kumar, ASO, RCS. Mr. Sandeep Kumar, Adv. for R-2. 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 Petitioner has been compelled to file this writ petition owing to the completely unreasonable stand of the Registrar Cooperative Societies (‘RCS’) wherein the RCS has refused to recognize the membership of the Petitioner and forward the name of the Petitioner for allotment of the Category ‘D’ flat in Respondent No.2 society called ‘The Talagang Cooperative G/H Society, Plot No.49, Sector-13, Rohini, Delhi-85’. 3. It is an unfortunate case wherein the Petitioner’s grandfather - Mr. Tara Chand Bhutani had become a member of the society in 1986 for allotment of a Category ‘D’ flat and was granted a membership bearing No.297. Unfortunately, he passed away on 6th October, 1997 and the father of the Signature Not Verified Signed By:RAHUL W.P.(C) 7548/2023 Page 1 of 7 Signing Date:25.03.2025 17:58:13 Petitioner - Mr. Ashok Kumar Bhutani became the member. 4. An order was passed by the ld. Arbitrator dated 13 th February, 2003 in Arbitration Case No. 9203/AR/Arb./2002-03 titled Sh. Ashok Kumar Bhutani v. The Talagang Coop. Group Housing Society Ltd. wherein the Arbitrator recognized Ashok Kumar Bhutani as the rightful member and directed the society to allot a flat of ’D' category in the complex of the society along with granting a possession of the same. 5. Interestingly, thi