Disposed

Sri S B Nagaraj v. the Joint Registrar of Co-Op Societies

Karnataka HC7 Sept 2022WP/12671/2022

Case brief

AI extract

What is this about?

The High Court of Karnataka disposed of a writ petition filed under Articles 226 and 227 of the Constitution. The court dismissed the petition by reserving liberty to the petitioners to prefer an appeal under Section 106(1)(e-1) of the Karnataka Co-operative Societies Act, 1959 within four weeks, with benefits of Section 14 of the Limitation Act, 1963.

What did the court decide?

Petition disposed of; liberty reserved to prefer appeal under S. 106(1)(e-1) of Karnataka Co-operative Societies Act within four weeks with benefit of Limitation Act, S. 14.

Sri S B Nagaraj Vs the Joint Registrar of… — Pension and Retirement Benefits | Karnataka HC (2022)

¶1

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶3

DATED THIS THE 7^TH DAY OF SEPTEMBER, 2022

¶4

BEFORE

¶5

THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 12671 OF 2022 (CS-RES)

¶6

BETWEEN:

¶7

SRI S B NAGARAJ AGED ABOUT 52 YEARS S/O BASAPPA S.N PRESIDENT KARNATAKA GOVT. CLASS D EMPLOYEES HOUSE BUILDING, CO OPERATIVE SOCIETY LTD., NO. 409, 5th MAIN , 12th CROSS, WEST OF CHORD RAOD, MAHALAKSHMIPURAM BENGALURU 560 086

¶8

SRI. LINGEGOWDA B AGED ABOUT 42 YEARS DIRECTOR, KARNATAKA GOVT. CLASS D EMPLOYEES HOUSE BUILDING CO OPERATIVE SOCIETY LTD., S/O BYRAPPA NO.32, ANJANEYA BLOCK, SESHADRIPURAM, BENGALURU 560 020

¶9

…PETITIONERS

¶10

(BY SRI. MUKKANNAPPA S B.,ADVOCATE)

¶11

AND:

¶12

THE JOINT REGISTRAR OF CO-OP SOCIETIES BENGALURU REGION , SAHAKARA SOUDHA,

¶13

¶14

146, 3rd FLOOR, 3rd MAIN ROAD, 8th CROSS, MARGOSA ROAD, MALLESHWARAM, BENGALURU 560 003

¶15

P.K. SALEEM DEPUTY REGISTRAR OF CO OPERATIVE SOCIETIES, 3rd RANGE, BENGALURU CITY, BENGALURU 560003

¶16

THE SECRETARY KARNATAKA GOVT, CLASS D EMPLOYEES HOUSE BUILDING, CO OPERATIVE SOCIETY LTD., NO. 11/3, 2nd FLOOR, KRURUBARA SANGHA, KANAKADAS CIRCLE, Ist MAIN ROAD, GANDHINAGAR, BENGALURU 560 009

¶17

(A SOCIETY REGISTERED UNDER KARNATAKA CO OPERATIVE SOCIETIES ACT, 1959)

¶18

K UMESH AGED ABOUT 56 YEARS S/O NOT KNOWN TO THE PETITIONER DIRECTOR, KARNATAKA GOVT. CLASS D EMPLOYEES HOUSE BUILDING, CO OP SOCIETY, LTD., NO. 11/3, 2nd FLOOR, KURUBARASANGHA NEW BUILDING, KANAKADASA CIRLE, Ist MAIN RAOD, GANDHINAGAR, BENGALURU 560 009

¶19

S.P RAVIKUMAR AGED ABOUT 43 YEARS DIRECTOR, KARNATAKA GOVT. CLASS D EMPLOYEES HOUSE BUILDING, CO OP SOCIETY, LTD., NO. 11/3, 2nd FLOOR, KURUBARASANGHA NEW BUILDING,

¶20

¶21

KANAKADASA CIRLE, Ist MAIN RAOD, GANDHINAGAR, BENGALURU 560 009

¶22

BALAJI SINGH AGED ABOUT 65 YEARS S/O. J.RAMSINGH DIRECTOR, KARNATAKA GOVT. CLASS D EMPLOYEES HOUSE BUILDING, CO OP SOCIETY, LTD., NO. 11/3, 2nd FLOOR, KURUBARASANGHA NEW BUILDING, KANAKADASA CIRLE, Ist MAIN RAOD, GANDHINAGAR, BENGALURU 560 009

¶23

LOKESH N AGED ABOUT 40 YEARS S/O NAGRAJ R DIRECTOR, NO.8, SIDDESHWARA NILAYA, Ist MAIN ROAD, KUDUGERE COLONY, ALURU POST, DASANAPURA HOBLI, BENGALURU 560 212

¶24

PRAKASH H.B. AGED ABOUT 44 YEARS S/O BORAIAH DIRECTOR, C/O UGRAPPA NO. 2584, 11th MAIN ROAD, E BLOCK, II STAGE, RAJAJINAGAR, BENGALURU 560 010

¶25

LAKSHMAMMA AGED ABOUT 74 YEARS W/O RAMU G.V. DIRECTOR, NO. 12/1, 8th CROSS, NEAR KURUBARAHALLI CIRCLE, NEAR RAJKUMAR STATUE, KURUBARAHALLI, BENGALURU 560 086

¶26

¶27

ARMUGAM B AGED ABOUT 69 YEARS S/O BANGARAPPA DIRECTOR, NO.61, 1st BLOCK, ANDARAHALLI, MAIN ROAD, V.N. POST, BENGLAURU 560 091

¶28

C RAMAIAH AGED ABOUT 75 YEARS S/ CHIKKANNA DIRECTOR, NO. 2068 VILLAGE NORTH RAOD, KENGERIUPANAGARA BENGALURU 560060

¶29

RAJESHWARI.L.R AGED ABOUT 49 YEARS W/O SANNAHANUMANTHARAYAPPA DIRECTOR, 297, 7th CROSS, BHUVANESHWARINAGAR, B.S.K III STAGE, BENGALURU 560 085

¶30

ANJANAPPA M AGED ABOUT 68 YEARS, S/O MUNIVENKATAPPA DIRECTOR, NO. 392, 5th A MAIN ROAD, 8th CROSS, D GROUP LAYOUT, SRIGANDADA KAVALU, BENGALURU 560 091

¶31

…RESPONDENTS

¶32

(BY SMT. H.C.KAVITHA, HCGP FOR R1 & R2; SRI. ASHOK HANDE, ADVOCATE FOR R5 to R7 TO R9 & R11 TO R13; R3 & R4 ARE SERVED; NOTICE TO R10 IS D/W V/O DTD 07.09.2022)

¶33

¶34

THIS WP FILED IS FILED UNDER ARTILCES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER BEARING NO.JRB/Aa.Mum.Ra/04/2022-23 DTD 17.6.2022 PASSED BY THE R1 VIDE ANNEXURE-P TO THE WRIT PETITION AND ETC.

¶35

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

¶36

ORDER

¶37

In this petition, the petitioners have sought for the following reliefs:

¶38

“i) ISSUE a writ in the nature of certiorari quashing the impugned order bearing No.JRB/Aa.Mum.Ra/04/2022-23 dated 17.6.2022 passed by the 1^st Respondent vide ANNEXURE-P to the writ petition, under facts and circumstances of the case; and

¶39

ii) ISSUE any other appropriate writ, order or orders or direction as this Hon'ble Court may deems fit to grant by considering the facts and circumstances of the case, in the interests of justice and equity."

¶40

2. Heard learned counsel for the petitioners, learned High

¶41

Court Government Pleader for the respondent Nos.1 and 2 and learned counsel for respondent Nos.5 to 7, 9 and 11 to 13 and perused the material on record.

¶42

Though several contentions have been urged by both sides in support of their respective claims, having regard to

¶43

¶44

availability of equally efficacious and alternative remedy by way of an appeal under Section 106(1)(e-1) of the Karnataka Co-operative Societies Act 1959, without expressing any opinion on the merits/demerits of the rival contentions, I deem it just and appropriate to dispose of this petition reserving liberty in favour of the petitioners to take recourse to such remedies as available in law including preferring an appeal under Section 106(1)(e-1) of the Karnataka Co-operative Societies Act 1959. If such an appeal is preferred within a period of four [4] weeks from today, the petitioner would be entitled to benefit of Section 14 of the Limitation Act 1963.

¶45

Subject to the aforesaid directions and liberty reserved in favour of the petitioners, the petition stands disposed of.

¶46

Sd/JUDGE

¶47

Sri S B Nagaraj v. the Joint Registrar of Co-Op Societies

Case brief

What is this about?

What did the court decide?

Sri S B Nagaraj v. the Joint Registrar of Co-Op Societies

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Mrs Anna Chandy Vs M/S Waterline Hotels Pvt. Ltd.

Mr.Selvendhiiran Selvam Vs International Medical School Management

Shashikala G Rao Vs the Principal Secretary to the Govt of Karnataka

Ramachandra Mudi Vs the Mysore Kirloskar Workers

Sportz Village Foundation Vs Global Educational Society

M Krishna Murthy Vs Chandra Spinning