BADA SARAFA COTTON ASSOCIATION INDORE Vs. STATE OF M P
HIGH COURT OF MADHYA PRADESH
BADA SARAFA COTTON ASSOCIATION, INDORE
STATE OF MADHYA PRADESH
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P.D.Mulye, J. -
(1.) The facts giving rise to this petition, filed under Art. 226 of the Constitution of India, may be stated, in brief, thus The petitioner is a registered Society under the Societies Registration Act, which a representative body of the cotton dealers and businessmen engaged in trade at Indore. It is a very old Association, which was known prior to its registration as a Society also by the name Shri Balaji Ganesh Dalai Panch, Indore.
(2.) On 2-4-1909 in the erstwhile Holkar State, the Balaji Ganesh Dalai Panch was granted as Inam, land bearing survey Nos. 30, 31, 32 and 33 having a total area of 8.46 acres in village Sulka Khedi, Tahsil and District Indore of which the petitioner has been in peaceful possession and enjoyment of the land and has been paying land revenue in respect of the same. Before the commencement of the Madhya Pradesh Land Revenue Code, 1959 which came into force on 2-10-1959, the petitioner Association was holding this land as Inamdar. On the commencement of the Madhya Pradesh Land Revenue Code the petitioner become Bhumiswani by virtue of the provisions of Section 158 of the said Land Revenue Code.
(3.) In the year 1974-75, some members of the petitioners Association had proposed to form a Co-operative Society named Balaji Ganesh Grih Nirman Sahakari Sanstha, Indore. The petitioner-Society entered into an agreement with the aforesaid Society to transfer the aforesaid land to it for housing purposes. However, the petitioner put an end to the aforesaid proposed transaction of transfer of land to the Co-operative Society as it could not enter into such an agreement without obtaining prior permission of the Registrar of Society.;
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