When considering a civil case related to a land dispute, the participation of the relevant defendants, that is, Representatives of legal entities that formalize the allocation of land, is not provided
Plaintiff O. defendants-E., S., filed a lawsuit in court against the akimat of Tulkubas district, the Department of land relations of Tulkubas district, the branch of land cadastre of Tulkubas district, the Department of Justice of Tulkubas district, the interested party private notary A., declared illegal and canceled the resolution of the Akim of Tulkubas District No. 345 dated June 24, 2006 and Resolution No. 359 dated July 4, 2006, No. 19-300-089-686 invalidate and cancel the State Act and its registration in the Department of land relations of tulkubassky District, the notary between E. and S. A. he asked to declare the purchase and sale agreement invalid and make a decision, fixing the ownership of the disputed land. By the decision of the Tulkubas District Court of South Kazakhstan region dated October 22, 2012, the claim was partially satisfied, and the resolution of the Akim of Tulkubas district dated July 4, 2006 No. 359 on the purchase of 1.15 hectares of land for the organization of a recreation area for O. from the land of the Pioneer Camp located in the Keltemashat rural district was declared invalid and canceled. The resolution of the Akim of tulkubas District No. 345 dated June 24, 2006 on the transfer of a total of 28,500 square meters of land from the land of the Special Land Fund in the territory of Keltemashat rural district to private ownership of E. for the organization of recreation areas is illegal, and on the basis of this resolution, the State Act No. 19-300-089-686 granting the right of private ownership of the land plot transferred to E. was declared invalid and canceled. Certified by notary A. on May 11, 2012, E. the contract for the purchase and sale of a land plot No. 686 in Keltemashat rural district and its state registration with the Department of Justice of Tulkubassky district was declared invalid.
The rest of the claim is dismissed. By the decision of the Appellate Judicial Board for civil and administrative cases of the South Kazakhstan regional court, the court decision was changed, the decision of the Akim of Tulkubas District No. 345 dated June 24, 2006 on the transfer of a total of 28,500 square meters of land from the land of the Special Land Fund in the territory of Keltemashat rural district to private ownership of E. for the organization of recreation areas is illegal and the State Act granting the right of private ownership of a land plot transferred to E. ON the basis of this decision was recognized as invalid, E. the contract for the purchase and sale of land plot No. 686 between S. and S. and its part, the state registration of which was declared invalid, were canceled, a new decision was made to leave these parts of the statement of claim without satisfaction, and the rest of the decision was left unchanged. By the decision of the Cassation Judicial Board of the regional court, the decision of the Appellate Judicial Board was canceled, and the decision of the Tulkubassky District Court was left unchanged. E. in disagreement with the decision of the court of Cassation, the Supreme Court in its application to the supervisory judicial board asked to cancel the decision of the court of First Instance and the decision of the Judicial Board of Cassation, adopted in the case due to violations of the norms of material and procedural law during the consideration of the case, and leave the decision of the Judicial Board of Appeal in force. O. in his counterclaim asked to dismiss the decision of the Judicial Board of Cassation in legal force, and E.'s appeal. After hearing the explanations of the parties, the conclusion of the prosecutor asking for the cancellation of judicial acts in the case and the adoption of a new decision, checking the documents of the civil case and the motives of the application, the Supervisory Board concluded that the application is subject to satisfaction due to the following grounds.
When considering a civil case related to a land dispute, the participation of the relevant defendants, that is, Representatives of legal entities that formalize the allocation of land, is not provided
In accordance with Part 3 of Article 387 of the Code of Civil Procedure of the Republic of Kazakhstan (hereinafter referred to as the code of civil procedure), a significant violation of material norms or procedural law is the basis for reviewing decisions, rulings, decisions of the court that have entered into legal force in the order of supervision. In the case, such shortcomings are allowed. Judging by the documents of the case, the decision of the Tulkubassky District Court of November 24, 2004, which entered into legal force, and the additional decision of November 26, 2004 O. the purchase and sale of buildings and other real estate of the Pioneer Camp, located in the village of Keltemashat, was recognized as valid. Judging by the dispute, the courts indicated that O. wrote to the mayor of Tulkubas district on July 6, 2005 his application for granting the right to a land plot belonging to the pioneer camp, but without complying with the requirements of Article 43 of the Land Code, the district Akim did not decide to grant or refuse the requested land plot to O. within the time limits established by law. By the resolution of the Akim of tulkubas District No. 345 of June 24, 2006, E. was granted a land plot of 28,500 square meters from the Special Land Fund in the territory of Keltemashat rural district on the right of private ownership for the organization of recreation areas. The fact that the land plot allocated to E. was transferred from the territory of the former Pioneer Camp was approved by The Specialists of the District Department of land relations. By the resolution of the Akim of tulkubas District No. 86 of February 20, 2008, O. was granted a land plot with a total area of 21519 square meters from the land of the former Pioneer Camp, located in Keltemashat rural district, on the right of private ownership for the organization of a recreation area, this resolution is not disputed
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