On 19.09.2005 ex parte proceedings qua appellant society were initiated in High Court.
On 22.05.2006 appellant society came to know about the above order vide letter dated t. 22.05.2006 issued by respondent number1.
On 22.3.1980 appellant administration informed Anoop Singh that even though clause 5 2 of Lease Deed provides for transfer without affidavit allotment of plot companyld number be possible unless original member establishes his own eligibility for allotment for plot.
On 24.11.1980, Administrator of appellant society removed the name of Anoop Singh categorically stating that it companyld number be transferred in favor of respondent number2.
The review petition was rejected on the ground that numbercase for review was made out.
yards.
On 26.3.1979 Anoop Singh did number file the requisite affidavit and Administrator of appellant society by letter informed that the transfer companyld number be companyfirmed unless affidavit is filed.
However, opportunity of personal hearing was granted to Anoop Singh.
On 19.1.2007 the High Court dismissed review petition.
It was held that the Registrar, Cooperative Society had numberauthority in law to sit over the affidavit and number to recommend the case for allotment to Jasjit Kaur.
A Review Petition was filed inter alia taking the stand that after Mr. Anoop Singh had asked for refund of money, and therefore, raising the question of any transfer in law did number arise.
On 14.4.1979 Anoop Singh replied stating that it is number possible to file the affidavit as he does number know full or part of lease hold or freehold of the property.
On 12.10.1978, appellant society requested Anoop Singh to file an affidavit which was questioned by respondent number2 by letter dated 27.10.1978.
date of transfer.
A direction was therefore given to the Registrar, Cooperative Societies to forthwith recommend the case of Jasjit Kaur for allotment of plot in Category C of 125 sq.
On 29.5.1979 Administrator informed Anoop Singh of his inability to transfer the membership as the affidavit was number filed and asked to withdraw the deposit from society to which Anoop Singh requested for reconsideration vide letter dated 06.06.1979.
The reason stated was that as the membership process with appellant was getting delayed and he has purchased a plot in Green Park and as per Govt.
On 9.5.1972 late Anoop Singh filed application for transfer of his membership in favor of his daughter, the respondent number2.
On 22.1.1982, Secretary of the society also by its letter informed Anoop Singh that transfer companyld only happen after submission of indemnity bonds and affidavits so it is suggested that respondent number2 be made fresh member of society w.e.f.
yards.
On 1.02.1982 Anoop Singh tendered his resignation.
Policy there are numberchances of getting more than one plot in Delhi.
On 16.02.2006 the High Court allowed writ petition and issued directions to respondent number1 to recommend the case to appellant society for allotment of plot in category C of 125 sq.
On 30.10.1995 Rule was issued.
On 11.7.1979 appellants administration made it clear that numberallotment companyld be made in favour of respondent number2 to which Anoop Singh again requested for reconsideration vide letter dated 11.11.1979.
On 18.11.1973, by a letter the appellant society informed Anoop Singh that the Managing Committee by resolution dated 05.09.1973 allowed the transfer and asked for share certificate and other documents to enable transfer.
The High Court by the order in writ petition held that the transfer in favour of Jasjit Kaur has been accepted by the Society and therefore she was entitled to allotment of the plot.
On 01.07.2006 appellant society then filed a Review Petition being 268 of 2006 and on 1.9.2006 the High Court issued numberice.
Dr. ARIJIT PASAYAT, J. Leave granted.
On 14.02.1992 respondent number2 filed WP C being 686/92 without challenging the orders of the Administrator dated 26.03.1979, 29.05.1979, 11.07.1979 and 24.11.1979, seeking writ of Mandamus asking appellant and respondent number1 for allotment of plot or in alternative to refund money paid by respondent number2.
Challenge in this appeal is to the judgment of Delhi High Court in Writ Petition No.686/1992 and Review Petition No.268/2006 in the aforesaid writ petition.
Background facts in a nutshell are as follows On 5.9.1962 Anoop Singh who as a member wrote to appellant Society asking for refund of monies Rs.3110/ towards membership and Rs.15,000/ each for plot in appellants companyony .
