Writ or intervention in a society matter?

1. Since your pre-existing "interests" are being prejudiced and since single bench court was not informed about earlier existing stay /restrictions, it would be best to file "intervene application" and proceed, on basis of existing available documentary evidences. Keep Smiling .... Hemant Agarwal VISIT: www.chshelpforum.com

Yes, Intervention Petition is the best option.

If we prefer Intervening, we will be impleaded as a party to the Writ before the Single Bench. On the other hand, moving a misc Application in the 2015 Writ before the Division Bench, there are chances that the DB might direct the Single Bench to amend the order without us being made a party.

Further, If we move Intervention and the same is refused, we would have to go into an Appeal which would lead to more litigation. What is your opinion?

Mr. Mayank Gupta,

Where is CGHS located and what is your locus standi qua allottment of vacant flat(s) ? How many members and flats are involved in the writ ? Whether single judge was informed of previous judgment passed by DB ?

If you are located in Delhi and feel so, may contact me with relevant records at Chamber No 647, Lawyer's Chamber Block, Dwarka Courts Complex, Sector 10, Dwarka, New Delhi-110075 Cell # 9891152939 email: majjagdish@yahoo.com

Good Evening Sir, we were the first claimant of the sole vacant flat when we preferred the writ, accordingly it was reserved for us by the Hon'ble DB if our seniority was upheld.
In the writ before the single bench, there are 7 claimants amongst whom 3 flats (including the reserved flat) are involved.

Thirdly, as per what I could understand from the Orders of the Single Bench, the judge was not informed by the RCS/ Administrator or the Claimants (all parties to writ) about the previous judgment passed by DB in our matter.

Also, thank you for sharing your chamber details. Our chamber is at Rohini and I visit Dwarka often. I will surely get in touch with you next time I am there. Thanks

In my opinion, the DB bench on an application by you to the 2015 disposed writ petition, may not direct the single bench to amend the orders without making you as a party. 

If you are not a party to the current case pending before single bench, then it may be considered as a subsequent development only.

The DB may refuse to interfere in this matter and may direct you to approach the single bench for reliefs accordingly.

Therefore it is advisable to knock the doors of the single bench itself with an intervene petition and an implead petition for the reasons you may rely upon.

 

Thank you. This discussion was quite insightful.

You are welcome for your appreciations learned Mr. Mayank Gupta