Disposed

Shivaswamy v. the Deputy Registrar of

Karnataka HC12 Feb 2013WP/51594/2012

Case brief

AI extract

What is this about?

The Court issued a writ of mandamus directing the joint registrar of cooperative societies to consider the petitioners' application for an interim stay order and pass appropriate orders forthwith regarding the supersession of the managing committee.

What did the court decide?

Writ of mandamus directed respondent No. 4 to consider the stay application and pass appropriate orders forthwith.

Shivaswamy Vs the Deputy Registrar of — Cooperative Societies | Karnataka HC (2013)

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IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 12^TH DAY OF FEBRUARY, 2013

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BEFORE

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THE HON’BLE MR. JUSTICE H.N. NAGAMOHAN DAS

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WRIT PETITION Nos. 51594-51600/2012 (CS-RES)

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BETWEEN :

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SHIVASWAMY

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AGED ABOUT 55 YEARS S/O. VEERABHADRAIAH PRESENTLY PRESIDENT

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OF RESPONDENT No. 3 SOCIETY.

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D S KEMPEGOWDA

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AGED ABOUT 50 YEARS S/O. SHIVACHENNAIAH PRESENTLY DIRECTOR

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OF RESPONDENT No. 3 SOCIETY.

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GIRI RAJA

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AGED ABOUT 48 YEARS S/O. LATE THIMMAIAH PRESENTLY DIRECTOR

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OF RESPONDENT No. 3 SOCIETY.

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HANUMANTHAIAH

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AGED ABOUT 51 YEARS S/O. M CHANNAPPA PRESENTLY DIRECTOR

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OF RESPONDENT No. 3 SOCIETY.

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5. SOMELINGAIAH

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AGED ABOUT 58 YEARS S/O. SOMAIAH PRESENTLY DIRECTOR OF RESPONDENT No. 3 SOCIETY.

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NAGAMMA

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AGED ABOUT 50 YEARS W/O. SHIVASWAMY PRESENTLY DIRECTOR OF RESPONDENT No. 3 SOCIETY.

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REVAMMA

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AGED ABOUT 52 YEARS W/O. PUTTASIDDAIAH PRESENTLY DIRECTOR OF RESPONDENT No. 3 SOCIETY.

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PETITIONER No. 1 IS THE PRESIDENT AND PETITIONER Nos. 2 TO 7 ARE THE DIRECTORS OF VSSN DODDAGANGAVADI VILLAGE AND POST, KOOTAGAL HOBLI RAMANAGARAM TQ. & DIST.

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… PETITIONERS

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(By Sri. H C SHIVARAMU, ADV.)

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AND :

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THE DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES RAMANAGARAM DIST., RAMANAGARAM – 571 511.

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THE ASST. REGISTRAR OF COOPERTIVE SOCIETIES RAMANAGARAM SUB-DIVISION RAMANAGARAM – 571 511.

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THE SECRETARY DODDAGANGAVADI VYAVASAYA SEVA SAHAKARA SANGHA LTD., RAMANAGARAM TQ. & DIST.

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THE JOINT REGISTRAR OF COOPERATIVE SOCIETIES CHAMARAJPET BANGALORE – 560 018. … RESPONDENTS

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(By Sri. B KESHAVAMURTHY, ADV., FOR R-3 Sri. T K VEDAMURTY, HCGP,FOR R-1, 2 & 3 Sri. H M BASAVARAJ, ADV., FOR R-3)

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THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA WITH A PRAYER TO QUASH THE ORDER DATED 04.12.2012 PASSED BY R-1 VIDE ANNEXURE E AND ETC.

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THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING B GROUP THIS DAY, THE COURT PASSED THE FOLLOWING;

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O R D E R

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In these writ petitions the petitioners have prayed for a writ in

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the nature of certiorari to quash the order dated 04.12.2012 –

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Annexure E superseding the committee of management of respondent No. 3 society and appointing the supervisor of the Bank as its administrator. Aggrieved by this order at Annexure E the petitioners who are the members of the managing committee have filed an appeal before the Registrar of Cooperative Societies in appeal No. 22/2012-13 as per Annexure G. In the appeal the petitioners have also filed an application for grant of interim order of stay as per Annexure F. On the stay application respondent No. 4 has not passed any order. In the circumstances the petitioners are before this Court.

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It is obligatory on the part of respondent No. 4 to consider the application filed by the petitioners for stay and to pass appropriate order in accordance with law. Therefore a writ of mandamus is hereby issued directing respondent No. 4 to consider the application filed by the petitioners for grant of interim stay forthwith.

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Learned counsel for the petitioners contend that by virtue

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of an interim order granted by this Court the petitioners are incharge of the management of respondent No. 3 society. On the other hand learned counsel for respondent No. 3 contends that as early as on 07.12.2012 the supervisor of the society had taken charge and he is working as administrator of the society. I do not propose to enter into this controversy between the parties. Both the parties are entitled to place necessary material before respondent No. 4. Respondent No. 4 is hereby directed to appreciate the same in accordance with law and pass appropriate orders forthwith. Accordingly, the writ petitions are hereby disposed off. Interim order granted by this Court is extended till the disposal of the stay application by respondent No. 4.

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Sd/JUDGE.

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LRS.

Shivaswamy v. the Deputy Registrar of

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Shivaswamy v. the Deputy Registrar of

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