DINAKAR MOGILI Vs. STATE OF A P

JUDGEMENT

(1.) In this batch of six Writ Petitions, the Petitioners are all members of the Animal Husbandry Department Employees Co-operative House Building Society Ltd., Visakhapatnam (hereinafter called the "Society"). Land admeasuring Ac.18.78 cts was sold by the Government to the "Society" for Rs. 11,38,06,800/- (Rupees eleven crores thirty eight lakhs six thousand and eight hundred only) and, on receipt of the consideration, the District Collector executed a registered sale deed in favour of the "Society" before the 3rd Respondent vide document No. 5148/2006 dated 30.10.2006. The Society claims to have developed the land thereafter, and to have laid several plots therein. The Petitioners herein were allotted and sold different plots in the land purchased by the "Society" from the Government. The "Society" executed a sale deed in their favour which was presented before the 3rd Respondent for registration.

(2.) By his order dated 29.07.2010, the 3rd Respondent refused to register the sale deed on the ground that, in the year 2007, the District Collector had informed the Revenue Divisional Officer to take back the land conveyed earlier to the "Society", and hand over the same to VUDA; VUDA would allot alternate land to the "Society" from out of other lands handed over to it by the revenue department; the Deputy Registrar of co-operative societies had issued orders in ARC No. 1 of 2010-11 that the title and possession of the land was in dispute; and, therefore, the document was not fit for registration.

(3.) Aggrieved thereby, the Petitioner preferred an appeal under Section 73 of the Registration Act, vide appeal No. 16/10, before the 2nd Respondent who, by order dated 29.09.2010, dismissed the appeal confirming the order of the 3rd Respondent. The 2nd Respondent held that, since the Government was keen on taking back the land that was alienated to the society earlier, the Government had implicit interest in the land and, consequently, it was the bounden duty of the registering authority to safeguard the interests of the Government; it was a mandatory stipulation for registration that the layout should be approved by VUDA; and, since the society has not complied with the same, the sale could not be registered.