High Court of Judicature at Allahabad
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Indian Development Society, Hapur District Ghaziabad v. Civil Judge (Senior Division) Hapur Ghaziabad - WRIT - C No. 4378 of 2006  RD-AH 2240 (30 January 2006)
Hon'ble Umeshwar Pandey, J.
Heard learned counsel for the petitioner.
Certain plot of land is said to have been allotted to the petitioner society of which the transfer has not yet been formally done by a deed of transfer duly registered. The petitioner had sought for permission from the court under Section 5-A of Societies Registration Act, to mortgage that plot equitably in favour of the bank from which the society is proposing to take the loan. By the impugned order dated 16.8.2005, the court has refused the permission stating that the ownership in the property has not yet been transferred by Awas Vikas Parishad in favour of the petitioner society and as such the permission as contemplated under Section 5-A of Societies Registration Act could not be granted. Section 5-A of Societies Registration Act is very clear that any immovable property belonging to a society can be permitted by the court to be transferred by that society on the permission so given. Since the property in question has not yet been transferred in favour of the petitioner society, it would not be at all lawful to grant permission under the aforesaid provisions of said Act. It is under these circumstances only that the court has refused such permission by the impugned order. The order challenged in this petition is wholly correct and it is not to be interfered with in this writ petition.
The writ petition having no force is hereby dismissed.
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