On invalidation of the decision to grant a land plot to private ownership
No. 6001-24-00-6ap/3045 dated May 06, 2025
Plaintiff: Yu.V.
The defendant: akim of the village
Interested person: B.J.
The subject of the dispute: on invalidation of the decision of June 26, 2006 on granting a land plot to private ownership
Review of the cassation appeal of the person concerned PLOT:
The plaintiff's mother, being a member of the horticultural association, by the decision of the head of the city administration on January 19, 1994, received the right to lifelong inherited ownership of a land plot for suburban construction, with an area of 0.06 hectares.
She received a state act for the right of lifelong inheritable possession of the specified land plot, which was registered with the registration authority on March 17, 2008 with the assignment of a cadastral number.
On the basis of the akim's decision of June 26, 2006, this land plot was issued to L.N. for suburban construction and a state act on the right of private ownership was obtained, which was registered with the registration authority on March 30, 2007 with the assignment of a cadastral number.
On July 18, 2007, the registration authority registered the act of acceptance of the constructed facility (residential building) into operation by the acceptance commission submitted by L.N.
Based on a joint resolution of the Akimat of the region dated February 23, 2007 and the decision of the Maslikhat of the region dated February 19, 2007
"On the formation of an administrative-territorial unit," the disputed land plot was assigned to the territory of the newly formed named area of village A.
Based on L.I.'s application, a new type of state act was issued for the right of private ownership of the disputed land plot, which was registered with the registration authority on October 28, 2008 with the assignment of a cadastral number.
After L.I.'s death (May 21, 2019) on the basis of the partition agreement
as a result of the inheritance concluded between the heirs, the land plot became the property of the plaintiff Yu.V.
The plaintiff's title documents were registered with the registration authority on July 28, 2020.
On February 10, 2021, Yu.V. submitted an application to the registration authority for the restoration of the boundaries of the disputed land plot and on March 11, 2021, an act for the land plot with a cadastral number was issued.
On May 6, 2021, the registration authority registered the act of acceptance of an independently built facility (residential building) into operation.
Judicial acts:
1st instance: the claim is satisfied.
It was decided: to invalidate the decision of the akim of June 26, 2006 on granting B.Zh. a land plot in private ownership for suburban construction, with an area of 0.0630 hectares.
Appeal: the decision of the court of first instance remains unchanged.
Cassation: judicial acts in this case were canceled, the administrative claim was returned.
Conclusions: the plaintiff filed a claim for recognition as illegal and cancellation of the administrative act – the decision of the akim of June 26, 2006 on the provision of land to B.Zh.
The admission to court proceedings and consideration of the merits of the claim are erroneous.
The plaintiff was not a participant in the administrative procedure when granting the land plot to L.I. to another person, that is, the administrative act was not issued in relation to Yu.V.
In accordance with part five of Article 136 of the CPC, a person who has not participated in an administrative procedure, whose rights, freedoms and legitimate interests are affected by an administrative act, has the right to file a lawsuit within one month from the day when the person learned or could have learned about the adoption of an administrative act, but no later than one year from the date of its adoption.
Based on the meaning and content of the norm of Article 136 of the CPC, the specified one-year period is curtailed and cannot be restored.
The contested administrative act was issued on June 26, 2006.
The lawsuit was filed on February 29, 2024. Accordingly, the one-year deadline for filing a claim has expired.
In accordance with the eighth part of Article 136 of the CPC, the inability to restore the missed deadline for applying to the court is the basis for returning the claim.
The local courts, in violation of the above-mentioned provisions of the procedural law, considered the merits of the claim to be returned.
In the circumstances described, judicial acts of local courts
cancelled, and the administrative claim was returned.
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