High Court allowed Writ Petition declaring refusal to register sale deeds illegal. Directed registration while preserving members' right to challenge the deed.
Respondent directed to register sale deeds presented by petitioner-society.
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The Hon'ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.3935 of 2013 Date: 11.02.2013
Between: M/s Muthyal Rao Co-op. Housing Society Ltd, (Regd No” TB 864) rep by its President R. Anjaiah # Mahabodhi community hall J J Nagar Colony, Neredment X roads, Sainik puri, Secunderabad.
... Petitioner
And
The Government of Andhra Pradesh, Rep by its Principal Secretary, Revenue Department, Secretariat, Hyderabad and three others
... Respondents
Counsel for the Petitioner : Sri M. Ramakanth Counsel for the Respondents : AGP for Revenue
The Court made the following: ORDER:
This Writ Petition is filed for a mandamus to declare the action of respondent No.4, in not receiving and registering the sale deeds sought to be presented by the petitioner-society based on letter No.B/7359/1986, dated 24-07-2012, of respondent No.3, as illegal and arbitrary.
A perusal of the record shows that having addressed letter, dated 24-07-2012, to respondent No.4, the self-same respondent No.3 has addressed letter No.B/7359/1986, dated 18-09-2012, to
respondent No.2 wherein he has informed that the petitioner-society was allotted an extent of 30 acres of land in Survey No. 218/1/3 near Neredmet X Roads, in the year 1968; that it has developed the said land into housing plots and allotted the same to its members long back and that the society is functioning strictly in accordance with the provisions of the Andhra Pradesh Co-operative Societies Act, 1964 and the Rules made there under.
In the light of the aforesaid letter, dated 18-092012, addressed by respondent No.3 to respondent No.2, subsequent to his letter, dated 24-07-2012, addressed to respondent No.4, the latter letter has lost its relevance and significance.
The learned Assistant Government Pleader for Revenue has fairly conceded that there are no legally sustainable reasons for respondent No.4 to refuse to register the sale deeds presented by the petitioner.
For the above-mentioned reasons, the Writ Petition is allowed with the direction to respondent No.4 to register the sale deeds that may be presented by the petitioner. It is, however, made clear that registration of the sale deeds shall not preclude, any of the members of the petitionersociety, to question the same before appropriate forum, if they feel aggrieved thereby.
As a sequel to disposal of the Writ Petition, W.P.M.P.No.4913 of 2013, filed by the petitioner for interim relief, is disposed of as infructuous.
Dt: 11-02-2013 SKA/LUR
_______________________ C.V.NAGARJUNA REDDY, J
1 issue framed by the court
Whether the action of respondent No.4 in refusing to register sale deeds presented by the petitioner-society was legal and arbitrary.
M/s Muthyal Rao Co-op. Housing Society Ltd through R. Anjaiah
Government of Andhra Pradesh
C.V.NAGARJUNA REDDY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
