In response to an argument that appeal is the appropriate remedy, this Court did not quash the impugned order but granted a two-week interim stay to allow the petitioner to file an appeal. Contentions were kept open and the petition disposed of.
Stay of the impugned order for two weeks to enable filing of appeal; other reliefs disposed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF DECEMBER, 2021
BEFORE
THE HON’BLE MR. JUSTICE KRISHNA S. DIXIT
WRIT PETITION NO.22921 OF 2021 (CS-RES)
BETWEEN:
SRI CHANDRAPPA S S/O LATE MARANNA AGED 62 YEARS, DIRECTOR, R/AT NO MIG-5, 6TH CROSS, AROGYANAGAR, H BLOCK, RAMAKRISHNANAGAR, MYSURU - 570 023.
…PETITIONER
(BY SRI PRAKASH SHETTY S., ADVOCATE)
AND:
2
S/O LATE KEMPAYYA #207, 515 MAIN, SHARADA NAGAR, RAILWAY LAYOUT, BOGADI, MYSURU - 560 026
…RESPONDENTS
(BY SRI VINOD KUMAR, AGA FOR R1 TO R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORD WHICH ULTIMATELY RESULTED IN PASSING THE ORDER ANNEXURE-K; QUASH ANNEXURE-K DATED 26.11.2021 PASSED BY RESPONDENT NO.2.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned Additional Government Advocate on request accepted notice on behalf of the un-served respondents. He points out the appealability of the impugned order, and absence of circumstances for bypassing the remedy of appeal and thereby invoking the writ jurisdiction constitutionally vested in this Court. Therefore, the petitioner has to be relegated to the Appellate Authority.
3
It admittedly needs to be stated that this interim
protection shall not be looked into by the Appellate Authority while considering petitioner's case either for interim order or for final order in any way.
Writ petition is disposed off with the above observations. All contentions are kept open.
No costs.
Sd/JUDGE
mv
2 issues framed by the court
Whether the petitioner can be relegated to appellate remedy when appealability of the impugned order is argued.
Whether interim protection from the impugned order should be granted pending filing of the appeal.
1 provisions across 1 enactments
SRI CHANDRAPPA S
SOUTH WESTERN RAILWAY EMPLOYEES HOUSE BUILDING CO. OPERATIVE SOCIETY LTD.
JOINT REGISTRAR OF CO-OPERATIVE SOCIETY MYSURU DIVISION
N. KOTTEGOWDA
MOHAN K
KRISHNA S. DIXIT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
