Dismissed

Alakananda Deshpande v. Sri Nada Goudar

Karnataka HC10 Nov 2020CCC/508/2020

Case brief

AI extract

What is this about?

The High Court held that a writ petition directing the President of a housing society to address a grievance lacks merit as the President lacks authority to decide on behalf of the society. Consequently, contempt proceedings against the President were dismissed as unfit.

What did the court decide?

Contempt proceedings were not initiated; the writ petition was disposed of without direction.

Alakananda Deshpande Vs Sri Nada Goudar — Contempt of Court | Karnataka HC (2020)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH DAY OF NOVEMBER, 2020 PRESENT

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THE HON’BLE MR. ABHAY S. OKA, CHIEF JUSTICE AND

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THE HON’BLE MR. JUSTICE S.VISHWAJITH SHETTY CCC NO. 508/2020 (CIVIL)

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BETWEEN

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ALAKANANDA DESHPANDE W/O LATE ANAND R DESHPANDE AGED ABOUT 56 YEARS R/AT No.101, VANDANA SAROVAR APT OPPOSITE AGARA LAKE HSR BDA DOUBLE ROAD JAKKASANDRA, KORAMANGALA 1^ST BLOCK BENGALURU – 560 034

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…COMPLAINANT (BY SRI AMIT ANAND DESHPANDE, ADVOCATE A/W SRI MOHAN KUMAR .M. ADVOCATE)

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AND

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SRI NADA GOUDAR FATHER’S NAME NOT KNOWN AGED ABOUT 67 YEARS PRESIDENT KARNATAKA STATE JUDICIAL EMPLOYEES HOUSING CO-OPERATIVE SOCIETY LIMITED No.7/2, SURYA CHAMBERS, 2^ND FLOOR 1^ST MAIN, SESHADRIPURAM BENGALURU – 560 020

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…ACCUSED

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THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971 BY THE COMPLAINANT

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PRAYING TO PUNISH THE ACCUSED FOR THE CONTEMPT OF ORDERS PASSED BY THIS HON’BLE COURT IN W.P.NO.46205/2019 DATED 25.09.2019.

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THIS CCC COMING ON FOR PRELIMINARY HEARING THROUGH VIDEO CONFERENCING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:

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ORDER

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Heard the learned counsel appearing for the complainantpetitioner.

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A writ petition was filed by the complainant against the President of the Karnataka State Judicial Employees Housing Co-operative Society Limited (for short ‘the Society’). The prayer in the writ petition was to direct the President of the said Society to consider the representation at Annexure-C. In the said representation, a grievance was made that though the entire sale consideration amount was paid in the year 2012, the site was not developed by the society. The learned Single Judge, by the order dated 25^th September 2019, directed the President of the Society to consider the said representation and pass a speaking order within a period of six weeks.

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The relief sought in the representation was not against the President of the said Society, but against the said Society. The President of the Society alone has no power to develop a site. It is not the case of the complainant that consideration was received by the President of the said Society and not by the said Society.

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Even if the complainant had any grievance, she ought to have filed proceedings against the said Society in view of the fact that under Section 9 of the Karnataka Co-operative Societies Act, 1959, a registered society has perpetual succession and a common seal and it has power to hold property, enter into contracts, institute and defend suits and other legal proceedings. Even if the President of the said Society was to decide the representation, he had no power to take a decision on behalf of the said Society.

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In our view, no purpose will be served by the President deciding the representation as he himself cannot take a decision on the grievance made by the complainant.

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6. The contempt jurisdiction of this Court is always

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discretionary. We are of the view that this is not a fit case to initiate proceedings under the Contempt of Courts Act, 1971 and under Article 215 of the Constitution of India. However, the remedies of the complainant against the said Society are kept open.

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For the reasons which we have recorded above, the

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petition is disposed of.

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Sd/CHIEF JUSTICE

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Sd/JUDGE

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Alakananda Deshpande v. Sri Nada Goudar

Case brief

What is this about?

What did the court decide?

Alakananda Deshpande v. Sri Nada Goudar

Case brief

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