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NARENDRA KUMAR VYAS
Sunder Nagar Grih Nirman Prathmik Sahakari Sanstha Maryadi – Appellant
Versus
State of Chhattisgarh Through Secretary, Department of Co-operation – Respondent
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
The main legal point established in the judgment is the requirement of the previous sanction of the Registrar for any sale, mortgage, exchange, or gift of immovable property belonging to a public tru....
The registrar's refusal to grant permission for trust property sale must be supported by evidence of prejudice to public interest; arbitrary denials are against statutory provisions.
Point of Law : where the legislature does not provide for any length of time within which the power of revision is to be exercised by the authority, suo motu or otherwise, it is plain that exercise o....
Civil Law - Validity of Sale deed - A voidable document is one which remains in force until set aside and such a document can be set aside only by a competent civil court. A suit for that purpose wou....
The court established that procedural impropriety and lack of jurisdiction in cancelling a building license and khata, without due notice, violate principles of natural justice, rendering such orders....
The authority to annul a registered sale deed lies with civil courts, and a sale deed executed without the vendor having title is void ab initio, conferring no rights to the purchaser.
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