SAMUHIK KRISHI SAHKARI SAMITI Vs. COLLECTOR SAGAR

JUDGEMENT

(1.) PETITIONER co-operative society registered under M.P. Cooperative Societies Act, 1960 (hereinafter referred to as 'the Act') challenges the order Annexure C passed by Tehsildar, Khurai, on 3.11.1983 and order Annexure E passed by Collector, Sagar, on 24.5.1986 dismissing the appeal filed against the order Annexure C.

(2.) WRIT petition has been filed on the averment that certain lands were declared surplus in ceiling cases and are allotted to the agriculturists. The cooperative societies doing collective fanning, have a priority in the matter of allotment of such surplus land. Petitioner society applied for the allotment of surplus land and it was allotted 25.81 acres of land bearing Khasra No. 54/2 in village Mudhiya, Tehsil Khurai, District Sagar. This order of allotment was passed by the SDO in Revenue Case No. 1A of 90 (5) 71-72 on 31.8.1974. Since then the petitioner society is in possession of the said land and its members are cultivating the same. The said land is also recorded in the name of the petitioner society in the Revenue records.

(3.) RESPONDENTS No. 1 to 3 in their return contend that the disputed land originally belonged to Shri Surendra Kumar, R/o Bhopal and it was declared surplus. The petitioner society Samuhik Krishi Sahkari Samiti Maryadit Mudhiya has no document of title in their favour. The only purpose and mala fide intention is to save the surplus land 25.81 acres from being vested in the State Government and on this ground a bogus society was got registered in the year 1972. Thus, the order (Annexure R-2) was passed on 23.3.1981 of winding up. It has not been disputed that this order was set aside by the Joint Registrar, Cooperative Society vide its order (Annexure R-3) dated 27.9.1985 and the status of the society was restored. An application for mutation over the disputed land was filed by respondents No. 1 to 3 but the Collector, Sagar, rejected their application on 24.5.1986 as per Annexure R-4. No appeal was preferred by the petitioner before the Commissioner or revision to the Board of Revenue and the petitioner has filed this writ petition directly before this Court without availing the alternative remedy. Petitioner had filed Civil Suit No. 437A/86 in the Court of Civil Judge, Khurai against the State. The civil suit has been dismissed.