Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | belhi Co-operative Societies Rules 1973 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Delhi Co-operative Societies Rules, 1973 :r. 25(2) - Disqualification of membership of a Co-operative Housing Society - Writ petition before High Court - Held: Matter remitted to High Court as it has neither considered the effect of sub-rule (2) of r 25 nor that normally when· an alternative remedy is available, the same should be availed - Constitution of India, 1950 - Article 226 - Writ Petition Maintainability of, when alternative remedy is available. The father of respondent No.2 was a member of the appellant-Group Housing Society. On 5.9.1962 he wrote to the appellant-Society to refund his membership amount as also the amount which he had deposited towards the cost of the plot, as he had already purchased another plot in the city. However, on 5.9.1972 he filed an application for transfer of his membership in favour of his daughter, respondent No.2. After some correspondence between the father of respondent No.2 for-transfer and the appellant Society declining to effect the transfer, the former tendered his resignation. Thereafter, respondent No.2 filed a writ petition before the High Court, which held that the appellant Society having accepted the transfer, respondent No.2 was entitled to allotment of plot and directed respondent No.1-Registrar, Co-operative Societies to allot her the plot. In the appeal filed by the Co-operative Housing Society, it was contended for the appellant that the High Court lost sight of r.25 of the Delhi Co-operative Societies Rules, 1973, and respondent No.2, without availing the statutory remedies available under the Delhi Co-operative Societies Act, 1972 and the Rules, could not file the writ petition. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2009 INSC 169 |
Petitioner | Hindustan Coop. Housing Society Ltd. |
Respondent | Registrar, Co-operative Societies And Anr. |
SCR | [2009] 2 S.C.R. 331 |
Judgement Date | 2009-02-12 |
Case Number | 957 |
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