KAMALA SEN Vs. REGISTRAR OF COOPERATIVE SOCIETIES

JUDGEMENT

(1.) This writ petition has been filed by the petitioner praying inter alia issuance of an appropriate writ or direction to the respondents to execute and register a conveyance deed in favour of the petitioner pursuant to and in the terms of the the agreement to sell dated 16.6.54 and subsequent letter dated 10.9.55 issued to the petitioner with regard to transfer of half of the plot no. 50, i.e. 50 A, Friends Colony, New Delhi and to produce relevant records with regard to the plot no. 50 and 50 A, Friend Colony, New Delhi as maintained with the respondent.

(2.) Pursuant to filing of this writ petition notice was issued to the respondent. Nobody appeared for the respondent No.2. Counsel appearing for the respondent/RCS who has filed reply to the application took the stand that there is no such society in the records of the respondent no.1 and whether the same has been in liquidation or not is also not on record of the respondent no.1. It is a case of abandonment of its obligations by the authorities to say the least.

(3.) The father of petitioner K.C. Neogy was the original member of respondent no.2/Society and he was alloted a plot of land no. 50 in Friends Colony by respondent no.2/Society ad-measuring an area of 3796 sq. yards. Thereafter, K.C.Neogi on 13.1.54 requested the Society to transfer the said plot in favour of his son Privthwish Neogy. The respondent no.2/Society agreed to the same and it was transferred on 2.5.54. Agreement to sell was also executed in favour of said Prithwish Neogy on 16.6.54. Prithwish Neogy wanted that plot to be subdivided between himself and his sister Kamala Sen who is the petitioner before us. The respondent/Society wrote a letter dated 15.6.55 and subsequent letter dated 10.9.1955, informing about the division of the said plot into two portions and allotted the one portion of plot no.50 in favour of the petitioner and gave number as 50A. Thereafter, the petitioner has been trying to get the conveyance deed registered with the authorities but has not met with success in this regard. Various letters have been addressed by the petitioner to the respondent/Society. No reply has been received by respondent/Society for execution of the conveyance deed.