MANOJ KUMAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ petition is under Article 226 of the Constitution of India whereby and whereunder order dated 05.04.2016 as contained in Memo No. 762 passed by Joint Registrar, Cooperative Societies, Jharkhand in Misc. Case No. 09 of 2015 is under challenge, by which, the order of cancellation of allotment of the land made in favour of the petitioner dated 07.07.2007 has been affirmed.

(2.) It is the case of the petitioner, as per the pleadings made in the writ petition, that for the land measuring an area of 4 kathas equivalent to 2880 square feet appertaining to Society Plot No. 314/49 of the Survey Plot No. 314 of khata no. 98 situated at village Hesag, P.S. Jagannathpur, district Ranchi, a deed of absolute sale has been executed on 18.03.1984 by the Society in favour of petitioner-Manoj Kumar Singh for a valuable consideration and the purchaser came in possession over the same and thereafter, the land has been surrounded by erecting boundary wall and since then the petitioner is in exclusive possession over the same being the rightful owner thereof.

(3.) It is further the case of the petitioner that he has made several requests before the Society to get the aforesaid absolute deed of sale registered in his favour but in spite of several requests and reminders, the land has not been registered on the pretext that the proceeding under the Urban Land Ceiling Act, 1976 is pending, against the original land owners, in whose favour the land has been allotted, in Partition Suit No. 113 of 1947 and even after repealing of the Urban Land Ceiling Act, 1976, the petitioner has immediately approached the President/Member of the Society praying therein to get the deed of sale registered but not doing so by the Society prompted the petitioner to approach the Registrar, Cooperative Societies, Jharkhand, Ranchi by filing Misc. Case No. 09 of 2015. There, the matter was heard by the Joint Registrar, who has rejected the claim of the petitioner on the ground that the petitioner has not taken endeavor for getting the land registered in his favour fairly for a period of 23 years which is under challenge by way of filing the present writ petition.