AIR 2002 RAJASTHAN 190 ::(2002) 5 WLC(RAJ) 90 ::2002 (2) RajLR 560

Rajasthan High Court

Hon'ble Judge(s): Bhagwati Prasad , J

Constitution of India , Art.226— Powers of High Court - Khatedari land of Co-operative Society - Allotted to one of its members without extinguishing khatedari rights of Society - Land converted by State in favour of member granting patta in his favour - Would be without authority of law - Land transferred by member in favour of petitioner without permission of Society as provided by terms of allotment letter and also Co-operative Society Act - Writ petition for restraining Society and Improvement Trust from interfering with his possession over land - Not maintainable. Rajasthan Co-operative Societies Act (13 of 1965) , S.25— Rajasthan Urban Improvement Act (35 of 1959) , S.74— Rajasthan Urban Improvement Trust (Disposal of Urban Land) Rules (1974) , R.1— Where a housing Co-operative Society, a Khatedar of agricultural land made allotment of land in question in the name of one of its member without, however, executing an instrument in favour of the member divesting the khatedari rights and the member got the land converted and received a patta issued in the name of Governor of Rajasthan, the transferee of such land from member without the permission of Society for transfer of land, cannot file a writ @page-Raj191 petition praying for permission to raise construction over land and the Society and for restraining th....