The High Court considered a writ petition challenging the refusal to register sale deeds for a cooperative society. The respondents conceded the petition after producing a letter confirming registration, leading the Court to close the matter without further orders.
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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction)
TUESDAY, THE EIGHTH DAY OF AUGUST TWO THOUSAND AND EIGHT
PRESENT
THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 3587 of 2008
Between:
..... PETITIONERS
AND
.....RESPONDENTS
Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ, order or direction more in the nature of Mandamus declaring the action of the 1st respondent refusing to register the Sale Deeds of members of the petitioner society on the basis of Letter No.E/302/2001, dated 13.12.2006 issued by the Mandal Revenue Officer, Jammikunta as being illegal, arbitrary, unjust and contrary to Registration Act and consequently direct the 1st respondent to receive and register the sale Deeds of the Members of the Petitioner society consisting of 52 members shown in Annexure 2 in respect of plots in Survey No.629 of Jammikunta village and Mandal, Karimnagar District with all consequential benefits and pass such other and further orders
Counsel for the Petitioners: MR.D.LINGA RAO
Counsel for the Respondents: GP FOR REVENUE
The Court made the following :
ORDER:
The petitioner is a registered society consisting of 101 members. It was formed into a Mutually Aided Cooperative Society with limited liability under the provisions of A.P.Mutually Aided Cooperative Society Act, 1995 with an object of securing government land for allotment of plots or construction of houses thereon for its members. Pursuant to its representations, the Government issued G.O.Ms.No.471 dated 11.4.2005 agreeing to alienate an extent of Ac.6.35 guntas in S.No.629 situate at Jammikunta Village and Mandal of Karimnagar District in favour of petitioner society and vacant land was also handed over to the petitioner society. While so, the petitioner society submitted a list of 49 members to the 1st respondent for registration of house site pattas granted and the land was registered. However, when another 14 members have paid the requisite stamp duty and presented the document for registration, the 2nd respondent – Mandal Revenue Officer, Jammikunta wrote a letter to the 1st respondent to stop registration of allotted plots to the petitioner society on the ground that the Ambedkar Society United Form, Jammikunta started relay hunger strike against registration of land without any authority of law. Relying on the said letter, the 1st respondent refused to receive and register the documents. Therefore, it is stated that the petitioner society issued notice to the 2nd respondent requesting him to withdraw the letter dated 13.12.2006 to pave way for registration of plots of the remaining members. It has also made a representation to the Joint Collector, Karimnagar in the month of February 2007 requesting him not to interfere with the
registration of plots in favour of the members of the petitioner society. Since there was no response, the present writ petition is filed questioning the action of the 1st respondent – Sub-Registrar, Huzurabad, Karimnagar District in refusing to register the sale deeds of the members of the petitioner society on the basis of the above stated letter.
Heard the learned counsel for the petitioners as well as the learned Government Pleader for Revenue and at their request the matter is taken up for final disposal at the admission stage itself.
Today, when the matter is taken up for hearing, the learned Government Pleader for Revenue produced before this Court a letter 27.3.2008 addressed by the Tahsildar, Jammikunta to the SubRegistrar requesting him to register the plots allotted in favour of the members of the petitioner society and, therefore, submits that no further orders are required to be passed in this writ petition.
In view of the above submission, since the request of the petitioner society has been conceded to by the respondents and necessary orders were also issued, the writ petition is closed requiring no further orders.
N.V.RAMANA,J
DT.08.04.2008
msv
..... REGISTRAR
// TRUE COPY //
SECTION OFFICER
To
1. The Sub Registrar, (Registrations), Huzurabad, Karimnagar District.
3. 2CCs to Govt.Pleader for Revenue, High Court of A.P. Hyderabad.
4. 2CD copies
3 issues framed by the court
Whether the action of the respondents in refusing to register sale deeds on the basis of an external letter was arbitrary and illegal.
Whether the High Court should grant relief declaring the refusal illegal when the respondents have since conceded the request.
Whether the writ petition requires any orders when the matter is resolved at the admission stage.
2 provisions across 2 enactments
Jammikunta Mandal N.G.Os., and Health Employees Mutually Aided Cooperative House Building Society Limited
The Sub Registrar, (Registrations), Huzurabad
The Mandal Revenue Officer, Jammikunta
N.V. Ramana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
