Shiv Shankar Dev vs The Registrar Co-Operative Societies & Ors.

Court
Delhi High Court

$~23
* IN THE HIGH COURT OF DELHI AT NEW DELHI
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Date of decision: 28 October, 2026
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Uploaded on: 31 October, 2026
# CNR No. DLHC010357042022
+ W.P.(C) 13556/2022
SHIV SHANKAR DEV .....Petitioner
Through: Ms. Varsha, Adv.
versus
THE REGISTRAR CO-OPERATIVE SOCIETIES
& ORS. .....Respondents
Through: Mr. Shashi Pratap Singh, Advocate,
Mr. Mayank Bamniyal with Mr.
Ashutosh Sati, Advs. for DDA

CORAM:
JUSTICE PRATHIBA M. SINGH
JUSTICE DINESH BHATT
Prathiba M. Singh, J. (Oral)
W.P.(C) 13556/2022
1. This hearing has been done through hybrid mode.
2. The present petition has been filed by the Petitioner, inter alia, seeking
directions to the Registrar of Cooperative Societies (hereinafter, 'RCS') to
allot/regularize/approve the subject Flat No. 406, 4th Floor, Niji Co-Operative
Group Housing Society Ltd. Plot No, 40-B, Sector-10 Dwarka, New Delhi-
110075 (hereinafter, ‘the subject flat’) and to consider the application for
conversion of subject flat from leasehold to freehold .
3. The case of the Petitioner is that the Niji Co-Operative Group Housing
Society Ltd. (hereinafter, ‘the Society’) had conducted a self draw of lots for
allotment of specific flats, pursuant to which the Petitioner obtained
membership and had paid requisite charges.
Signature Not Verified
W.P.(C) 13556/2022 Page 1 of 5

Signed By:RAHUL
Signing Date:31.10.2026
16:35:54

4. On 27th August, 2025, notice was issued to the RCS and status report
was directed to be filed. Relevant portion of the order dated 27th August, 2025
reads as under:
“10. Considering the submission of Ms. Sonia A. Menon,
counsel for petitioner, that these documents which they
have filed before the Court were also obtained through
RTI from the RCS, it appears that the RCS may not have
considered the matter in proper detail and that the
documents may, in fact, still be available with the RCS.
11. For the purposes of closing this unending loop, it is
directed that the RCS will convene a meeting/hearing
before itself on 04th September 2025 at 11:00 A.M., in
which, both the petitioner {duly assisted by counsel, if
need be) and the respondent no.3/Society {duly assisted by
counsel, if need be) will appear with all relevant
documents to apprise the RCS in this regard.
12. Pursuant to further deliberations before the RCS, a
status report shall be filed by the RCS before this Court
within six weeks thereafter.”

5. On the same date, the Court was also informed by the Petitioner that
there were no new dues of the Petitioner and the self draw deserves to be
regularised.
6. A circular issued by the RCS on 4th June, 2026 bearing F. No.
47/RCS/Policy/155/P.F./2011/107-113 (hereinafter, 'the circular') in respect
of self-draws had been placed before this Court in a similar matter being
W.P.(C) 13650/2025 titled 'Ravinder Sharma & Ors. v. Registrar of
Cooperative Societies & Ors.' on 10th July, 2026. The said circular is set out
below:
“ F.No.47/RCS/Policy/155/P.F./2011/107-113
Dated: 04/06/2026
CIRCULAR
Signature Not Verified
W.P.(C) 13556/2022 Page 2 of 5

Signed By:RAHUL
Signing Date:31.10.2026
16:35:54

It is hereby informed to all concerned that
the ‘self draw’ conducted by the 26 Cooperative
Group Housing Societies (CGHS) were
regularized by the Hon’ble LG, Delhi from the
operation of sub section (1) of Section 77 of the
Cooperative Societies Act, 2003 (Delhi Act 3 of
2004) vide order dated 17.10.2011.
It has further been decided to provide
onetime opportunity to all such CGH Societies
which had conducted self draw up to the year
2010 and which are not yet regularized.
All such remaining CGH Societies are
hereby requested to submit the requisite
information in the enclosed pro-forma to
facilitate compilation of records and for
preparing a proposal for submission to the
Competent Authority.
The requisite details may be submitted to the
th
undersigned latest by 30 of June, 2026.
This issues with the approval of Competent
Authority.
(DEPUTY REGISTRAR)
(POLICY) ”

7. In terms of the above circular, RCS was to consider whether
regularisation could be effected.
8. Today Mr. Shashi Pratap Singh, ld. Counsel for RCS has filed a copy
of the letter dated 23rd October, 2026 by which the Petitioner’s membership
has been duly verified and the self draw of lots has been regularised and the
membership has been cleared. The said letter is taken on record. Relevant
portion of the letter is extracted below:
Signature Not Verified
W.P.(C) 13556/2022 Page 3 of 5

Signed By:RAHUL
Signing Date:31.10.2026
16:35:54

Signature Not Verified
W.P.(C) 13556/2022 Page 4 of 5

Signed By:RAHUL
Signing Date:31.10.2026
16:35:54

9. In view thereof, relief to the Petitioner is already granted. In terms of
the said letter dated 23rd October, 2026, let the DDA issue the regularisation
letter in favour of the Petitioner.
10. After opening of the IDLI portal, of the DDA, the Petitioner is also free
to apply for conversion of the subject flat from lease hold to free hold.
11. The petition is accordingly disposed of in said terms.


PRATHIBA M. SINGH
JUDGE



DINESH BHATT
JUDGE
OCTOBER 28, 2026/ss/ss








Signature Not Verified
W.P.(C) 13556/2022 Page 5 of 5

Signed By:RAHUL
Signing Date:31.10.2026
16:35:54