Partly allowed

Smt. S. Premalatha v. the Deputy Registrar of Co. Op Societies

Karnataka HC5 Jul 2022WP/11653/2022

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging a registration refusal. Relying on prior orders, the court directed the Deputy Registrar of Co-operative Societies to revive the liquidator's appointment to enable the registration of the petitioner's sale deed within four weeks.

What did the court decide?

Respondent directed to revive the appointment of the Liquidator to consider the petitioner's request for registration of the sale deed within four weeks.

Smt. S. Premalatha Vs the Deputy Registrar of Co. Op… — Property and Title | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 05^TH DAY OF JULY 2022

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BEFORE

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THE HON’BLE MR. JUSTICE B. M. SHYAM PRASAD

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WRIT PETITION NO.11653/2022 (CS-RES)

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BETWEEN :

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SMT. S. PREMALATHA W/O LATE B.N.VISHWANATH, AGED ABOUT 59 YEARS, R/AT NO.6, BLOCK A9, VASU LAYOUT, RAMAKRISHNA NAGAR K BLOCK, MYSORE - 570 022.

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... PETITIONER

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(BY SRI. P ANAND, ADVOCATE)

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AND :

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THE DEPUTY REGISTRAR OF CO-OP SOCIETIES CADA OFFICE BUILDING, MYSORE DISTRICT, MYSORE 570001.

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... RESPONDENT

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(BY SMT. KAVITHA H.C, HCGP)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT BEARING NO.DRM/C5/HSG/PR-24/2022.23 DATED 24.05.2022 ISSUED BY THE RESPONDENT VIDE (ANNEXURE-R).

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THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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O R D E R

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The petitioner, who is allotted Site No.6 in Block No.A9 of Dattagali Village, Kasaba Hobli, Mysuru Taluk [ the Subject Property ] by Vasu House Building Cooperative Society Limited [ Society ], has impugned Annexure-R - an endorsement issued by the respondent informing the petitioner that the registration of the said Society is cancelled and therefore, her request for execution and registration of the sale deed cannot be considered. The petitioner has also sought for directions to the respondent to consider her representation dated 10.05.2022 (Annexure-Q) for execution and registration of the sale deed in her favour.

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Mr. P.Anand, the learned counsel for the petitioner

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and Ms. Kavitha, the learned High Court Government Pleader who accepts notice for the respondent, are heard for final disposal. It is submitted in unison that

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this Court in similar circumstances in

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W.P.No.14139/2018 and connected matters, which is disposed of on 04.01.2019, has directed the respondent to revive the order appointing the Liquidator for the Society for the limited purpose of executing and registering Deed of Conveyance for the corresponding properties and the Deputy Registrar of Co-operative Societies is also directed to take necessary action within a period of four [4] weeks; consequentially, the Superintendent attached to the office of the Deputy Registrar of Co-operative Societies is appointed vide the order dated 19.01.2019 (Annexure-P) for the purpose of executing and registering the respective properties. They also submit that the writ petition could also be disposed of with such direction to the respondent and the respondent who shall comply with the directions and issue orders similar to Annexure-P.

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The records are perused and the submissions merit acceptance and therefore, the writ petition stands disposed of directing the respondent - the Deputy Registrar of Co-operative Societies to revive the appointment of the Liquidator in terms of Annexure P for the limited purpose of considering the petitioner's request for execution and registration of the sale deed for the subject property. The respondent shall issue necessary orders in this regard within a period of four [4] weeks from the date of receipt of a certified copy of this order.

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Sd/JUDGE

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Smt. S. Premalatha v. the Deputy Registrar of Co. Op Societies

Case brief

What is this about?

What did the court decide?

Smt. S. Premalatha v. the Deputy Registrar of Co. Op Societies

Case brief

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