The High Court of Karnataka allowed a writ petition under Article 227 of the Constitution, setting aside an order that rejected a petitioner's application for impleadment sparingly and without hearing.
Impugned order dated 23.05.2022 set aside; matter remitted to respondent No.1 for fresh reconsideration after hearing.
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IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 17TH DAY OF AUGUST, 2022
BEFORE
THE HON'BLE MR.JUSTICE S.R.KRISHNA KUMAR WRIT PETITION No. 13527 OF 2022 (CS-RES)
BETWEEN:
SRI. M. SHASHIDHARA S/O MAHENDRA S, AGED ABOUT 32 YEARS R/O INDRANAGAR GEHIND DCC BANK, HULIYAR HOBLI CHAIKKANAYAKANAHALLI TALUK TUMAKUR DISTRICT – 572 218.
…PETITIONER
(BY SRI. GOPALAKRISHNAMURTHY.C., ADVOCATE)
AND:
3 . SRI S MAHENDRA S/O SIDDALINGAPPA EX-CHIEF EXECUTIVE OFFICER R/O INDIRANGAR, BEHIND DCC BANK HULIYAR HOBALI, CHIKKANAYAKANAHALLI TALUK TUMAKUR DISTRICT-572218
…RESPONDENTS
(BY SMT. H.C.KAVITHA, HCGP FOR R-1; SRI. G.V. SHASHI KUMAR, ADVOCATE FOR R-2)
THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE R-1 IN DISPUTE NO.05/2021-22 DTD.23.5.2022 AS PER ANNEXURE-G AND ETC.
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THIS W.P. COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER
This petition is directed against the impugned order at Annexure – G dated 23.05.2022 passed by respondent No.1 in Dispute No.5/2021-22 whereby the application I.A.2/2022 filed by the petitioner was rejected by respondent No.1.
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violating the principles of natural justice and consequently, on this ground alone, without expressing any opinion on the merits / demerits of the rival contentions and keeping the same open, I deem it just and appropriate to set aside the impugned order and remit the matter back to respondent No.1 for reconsideration afresh of I.A.2/2022 filed by the petitioner in accordance with law after providing sufficient opportunity to all parties in this regard.
ORDER
(i) Petition is hereby allowed .
(ii) The impugned order dated 23.05.2022 at Annexure-G passed by the respondent No.1 in Dispute No.05/202122 is hereby set aside.
(iii) The matter is remitted back to the respondent No.1 for reconsideration afresh I.A.2/2022 filed by the petitioner under Order 1 Rule 10(2) CPC in accordance with law after providing
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sufficient opportunity to all the parties including the petitioner and hearing them in accordance with law and thereafter, proceed further in accordance with law.
Sd/JUDGE
Srl / SV
1 issue framed by the court
Whether an order summarily rejecting an application for impleadment without reasons and without hearing the petitioner violates the principles of natural justice.
3 provisions across 2 enactments
Sri. M. Shashidhara
The Assistant Registrar of Co-operative Societies Tiptur
The PrathamiKA Krushi Pattinaka Sahakara Sangha
Sri S Mahendra
s.r.krishna kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
