JUDGEMENT
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(1.)Tlie petitioner herein is a member of Navodaya Co -operative House Building Society Ltd., Hyderabad. The said Society entered into an
agreement of sale on 10 -12 -1975 to purchase S. Nos. 97/1, 100 and 101,
totally admeasuring Ac11 -11 guntas at Ycllareddyguda, Golconda Taluk,
Hyderabad. Since the vendor did not execute the sale deed, the Society
filed O.S. 1297/83 for specific performance of agreement of sale on the file of
11 Addl. Judge, City Civil Court, Hyderabad and the same was decreed on
8 -12 -1983. In pursuance ot the aforesaid decree a registered sale deed was
executed on 26 -8 -1984 in favour of the above said Society. In turn the
Society executed a sale deed for Plot No. 2 on 30 -4 -1985 in favour of the
petitioner.
(2.)Thereafter, as the petitioner wanted to sell that plot to a third person, she gave notice on 14 -7 -1988 under Section 26 of the Urban Land
(Ceiling and Regulation) Act of 1976. The respondents sent a Memo bearing
No. E2/1816/26/88 to the petitioner stating that the notice filed under
Section 26 seeking permission for sale of an extent of 900 sq. yards in plot
No. 2 S. No. 97/1, 100 and 101 situate at Yellareddyguda, could not be
considered for want of previous clearance obtained, if any.
(3.)This writ petition is filed for issue of a Writ of Mandamus directing the respondents to grant the permission under Section 26 of Act 33 of 1976
regarding plot No. 2 of the Navodaya Co -operative House building Society
Ltd ; covered by S. Nos. 97/1, 100 and 101 of Yellareddyguda, covered by
lay out plan approved by the Municipal Corporation of Hyderabad, Vide Lr.
33/Lay -out/8/84.
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