GOVT EMPLOYEES Vs. STATE OF M P

JUDGEMENT

(1.) THE petitioner, a Housing Cooperative Society, is aggrieved by the Order dated 12.1.2000, passed by Deputy Registrar, Dhar, refusing registry of sale-deeds executed by the petitioner Society in favour of its members in respect of certain plots of land situated at village Jetpura, District Dhar.

(2.) THE plots in question formed parts of Government land bearing Survey Nos. 71, 72 and 97, total area 3.871 hectares and the same was recorded as Chernoi land in village revenue papers. The land in question was allotted by the State Government to the petitioner Society for development and allotment to its members for construction of houses, on lease on payment of premium Rs. 9,99,440/- and yearly rent Rs. 12,494/- vide order dated 27.7.1990/4.8.1990 (Annexure P-3). Lease-deed of the said land was also executed on 14.3.1991 (vide Annexure P-4). Petitioner Society, it appears, after development of the land has allotted various plots thereof to its members and executed sale-deeds in their favour. The lease-deeds when presented before respondent No. 3, Dy. Registrar, Dhar for registration, he declined their registration on the ground that NOC from the Collector, Dhar in terms of sub-section (10) of section 165 is not produced by the petitioner Society.

(3.) SECTION 165 deals with the rights of transfer of any interest in the land held by a Bhumiswami. Sub-section (6-a) of section 165 provides that for a transfer of the right of a Bhumiswami not being a tribe, in a land excluding the agricultural land, shall not be transferred by way of sale or otherwise, without the written permission of the Collector. Sub-section (10) of section 165 further provides that no officer empowered to register documents shall admit to registration any document which purports to contravene the provisions of this section.