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2023 Supreme(Chh) 703

NARENDRA KUMAR VYAS
Sunder Nagar Grih Nirman Prathmik Sahakari Sanstha Maryadi – Appellant
Versus
State of Chhattisgarh Through Secretary, Department of Co-operation – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Aniket Verma, Advocate
For the Respondent:Mr. A.K. Mishra, Govt. Advocate, Mr. Amit Kumar Sahu, Advocate

ORDER :

1. The petitioner has filed the present writ petition challenging the order dated 24.07.2012 (Annexure P/1) passed by the Collector, Raipur by which the Collector has cancelled the entire transaction of land bearing khasra No. 1187/1 area 1.210 acre situated at P.H. No. 106 A, area 1.210 hectare (in short referred to as land) and directed to record the said land in the name of trust/respondent No.6.

2. Brief facts as reflected from the record are that the petitioner is Cooperative Society registered under the Cooperative Socialites Act, 1960 and has purchased the land in dispute from respondent No. 5 in the year 2006. The petitioner applied for mutation in which respondent No. 4 raised objection mainly contending that the land belongs to public trust and erstwhile manager (Sarvakara) namely Mahant Radhika Das of the trust sold the said land, without obtaining due permission from the Collector/ Registrar Public Trust to one Ramnarayan. Purchaser of the land Ramnararayn has sold the land to Rijumal, as such the entire transaction is void ab initio. The petitioner filed reply to the objection contending that Rijumal applied for mutation before the Tahsildar Raipur in the year 19

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