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Prasad (PARTNER)     28 December 2013

Getting donated land back to agr co-op society

I have posted here sometime ago and coming back with some developments taken place to seek some help.

We have donated some land to a Oil Seed growers society - Village Level society. We donated this land so that the society would build a go-down to be used by members. This happened about 25 years ago. The society built a go-down. Society was active for initial 4/5 years and then became in active. We donate this land for the benefit of our village farmers and the donation was by way of registered gift deed.

Since the society is inactive for last 20 years, now the asst registrar of cooperatives has given order for winding up ( I think this was done to close all inactive oil seed societies in our area) and there is a liquidator a week ago.

Now we want to get our land back as the purpose (benefit to our village farmers) for which it was donated is in existence any more. I heard that there were few similar cases decided  in favour of donors. In this situation.

1.Should we file a writ to set aside winding up order and then apply to asst registrar to give our land back?

2. Should we (not proceeding with writ) directly apply to liquidator to register our land back to us?

Though the matter belongs to Andhra Pradesh, I think the procedure is same every where. Thanks in advance for any inputs.



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