K.G. ASSOCIATES Vs. DISTRICT DEPUTY REGISTRAR

JUDGEMENT

(1.) This Writ Petition is filed by Petitioners taking exception to the Order dtd. 17/3/2020 passed by the Deputy Registrar of Co-operative Societies and Competent Authority, Pune granting deemed conveyance of the land in favour of Respondent No. 2-Society. By that order, the Competent Authority has granted deemed conveyance of land admeasuring 77,754.75 sq. mtrs out of land bearing Gat No.1420 (Part), Village-Wagholi, Taluka-Haveli, District-Pune. During pendency of the present petition, the Respondent No.2-Society has registered the Certificate of deemed conveyance at Serial No.7185 of 2020, which is also challenged in the present petition. As per the Petitioners, in breach of interim Order passed by this Court on 17/12/2020, the Society entered into correspondence with the Revenue Authorities and got its name mutated to the records of rights of the land, which according to them, constitutes contempt of this Court and accordingly Contempt Petition No. 454/2022 has been filed.

(2.) For better understanding of the controversy in hand, a brief factual narration as a prologue to the judgment would be necessary. Petitioner No.1 was the owner of the land bearing Gat No. 1420-(Part), Village-Wagholi, Taluka-Haveli, District-Pune admeasuring 14 Hectares and 8 Ares. Petitioner No.1 decided to develop that lands by preparing a lay-out of plots and accordingly appointed Petitioner No.2 as an Organizer vide Agreements dtd. 24/1/2002 and 20/11/2003. Accordingly, Petitioners got the lay-out plan sanctioned in respect of the said land after obtaining permission for non-agricultural use of the land. According to Petitioners, the said land at Gat No.1420 (Part) admeasuring 14 Hectares and 8 Ares was divided for development by them as follows:

(3.) Accordingly, Petitioners undertook development of the land forming part of serial No. (i) above and divided the land admeasuring 45,223.61 sq. mtrs into 243 bungalow plots. Petitioners executed agreement for sale in respect of 219 open plots with purchasers. The plot purchasers became members of Respondent No.2-Society. Under the agreements, the purchasers had choice of constructing the bungalows either on their own or through Petitioner No.2. Under the agreements, Petitioners also undertook to convey the land to Respondent No.2-Society. In respect of 24 plots, separate agreements were executed for sale of 24 constructed bungalows. The purchasers of such bungalows were also to become members of Respondent No.2-Society and Petitioners undertook to convey the land in respect of those 24 constructed bungalows also in favour of the Society.