Court No. - 34 Case :- WRIT - C No. - 44224 of 2010 Petitioner :- Gopalpur Cooperative Farming Society Ltd. And Anr. Respondent :- State Of U.P. And Others Petitioner Counsel :- Rajendra Kumar Pandey Respondent Counsel :- C.S.C. Hon'ble Prakash Chandra Verma,J.
Hon’ble Ram Autar Singh,J.
Admit.
Notices on behalf of respondents no. 1 to 10 have been accepted
by learned Chief Standing Counsel.
Issue notice to the private respondents returnable within four
weeks. Steps be taken within a week.
The respondents are directed to file counter affidavit within four
weeks.
List thereafter.
The dispute raised in the writ petition is relating to void sale deeds
which have been executed by individual member of the
Cooperative Farming Societies without resolutions of the
Cooperative Societies authorising them to sell the land. Such sale
deeds primafacie appears to be void being contrary to the
provision of section 79 of U.P. Co-operative Societies Act,
therefore the sale deeds are liable to be ignored.
Accordingly, the order passed by the authorities mutating the
names of the vendees and declaring their title under section 229-B
are kept in abeyance henceforth till the disposal of the writ
petition.
The S.S.P. concerned shall ensure that the vendees shall not
interfere with the property of the Cooperative Farming Society,
namely Gopalpur Cooperative Farming Society Ltd.
Order Date :- 29.7.2010
R