Short Answer

Yes, you can stop the sale of disputed land by the society through a court injunction.

Detailed Explanation

Section 64 of the Gujarat Cooperative Societies Act, 1961 empowers the Registrar to resolve disputes related to cooperative societies. If a society is attempting to sell disputed land, any member or person aggrieved by such action can approach the Registrar with a complaint. The Registrar has the authority to investigate the matter and take necessary actions, including issuing orders to stop the sale.

Furthermore, Rule 128 of the Gujarat Cooperative Societies Rules, 1965 provides the procedure for filing complaints with the Registrar. This rule outlines the process for submitting a complaint, conducting inquiries, and issuing orders based on the findings. In the case of a disputed land sale, the complainant can request the Registrar to intervene and prevent the sale through an injunction.

In practice, if a society is selling land that is under dispute, the affected party can file a complaint with the Registrar citing the specific details of the dispute and seeking immediate action to halt the sale. The Registrar will then investigate the matter, hear both sides, and issue appropriate orders, which may include granting an injunction to prevent the sale until the dispute is resolved.

Real-world Scenarios

• Scenario 1: A cooperative society in Gujarat decides to sell a piece of land that is claimed by another party. The aggrieved party files a complaint with the Registrar citing the dispute. The Registrar conducts an inquiry, finds merit in the claim, and issues an injunction to halt the sale until the dispute is settled.

• Scenario 2: A society member raises concerns about the legality of a land sale proposed by the society. The member approaches the Registrar with a detailed complaint outlining the issues. The Registrar intervenes, investigates the matter, and temporarily stops the sale through an injunction until the legality is verified.

• Scenario 3: Multiple parties claim ownership of a piece of land being sold by a cooperative society. The conflicting claims lead to a dispute, and one of the claimants seeks relief through a complaint to the Registrar. The Registrar steps in, examines the evidence, and issues an injunction to prevent the sale until the ownership dispute is resolved.

References

• Section 64 of the Gujarat Cooperative Societies Act, 1961: Official PDF

• Rule 128 of the Gujarat Cooperative Societies Rules, 1965: Official PDF