Disposed

Sri H Srinivas v. Joint Registrar of

Karnataka HC3 Nov 2022WP/25853/2018

Case brief

AI extract

What is this about?

Writ petition challenging double allotment of sites by a cooperative society. Petitioner promised to file dispute under Section 70 of the Karnataka Cooperative Societies Act, 1959. Court reserved liberty and directed expedited proceedings. Petition disposed.

What did the court decide?

Liberty reserved for petitioner to file dispute under Section 70 of Karnataka Cooperative Societies Act, 1959. Competent Authority to expedite proceedings.

Sri H Srinivas Vs Joint Registrar of — Cooperative Societies | Karnataka HC (2022)

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WP NO.25853 OF 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 03^RD DAY OF NOVEMBER, 2022

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BEFORE

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THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.25853 OF 2018 (CS-RES)

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BETWEEN:

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SRI. H. SRINIVAS S/O H. MADHWARAYA VARNA AGED ABOUT 61 YEARS RESIDING AT NO.90, 1^ST ‘A’ MAIN, 4^TH CROSS, ISRO LAYOUT, BENGALURU - 560 011.

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…PETITIONER

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(BY SRI. H. SRINIVAS, PARTY-IN-PERSON)

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AND:

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JOINT REGISTRAR OF COOPERATIVE SOCIETIES BENGALURU DIVISION, SAHAKARA SOUDHA, MALLESHWARAM, BENGALURU - 560 003.

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Digitally signed by ARUN KUMAR M S Location: High Court of Karnataka

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REGISTRAR OF COOPERATIVE SOCIETIES ALI ASKER ROAD, BENGALURU - 560 001.

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THE SECRETARY DEPARTMENT OF COOPERATION MULTI STOREY BUILDING, BENGALURU - 560 001.

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VISHWABHARATHI HOUSE COOPERATIVE SOCIETY NO.35, RATHNAVILAS ROAD, BASAVANAGUDI BENGALURU - 560 004.

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WP NO.25853 OF 2018

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REPRESENTED BY THE PRESIDENT/ VICE PRESIDENT / SECRETARY.

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…RESPONDENTS

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(BY SMT. A.R. SHARADAMBA, AGA FOR R1 TO R3; SRI. B.L. SANJEEV, ADVOCATE FOR R4)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS 1 TO 3 TO TAKE ACTION TO ENSURE THAT DOUBLE ALLOTMENT OF SITES TO MEMBERS, AND ALLOTMENT OF MORE THAN ONE SITE TO SAME FAMILY MEMBERS DONE BY THE SOCIETY IS CANCELLED WITHIN 3 MONTHS; DIRECT THE RESPONDENT NO.4 TO CANCEL DOUBLE/MULTIPLE ALLOTMENT OF SITES DONE TO SOME MEMBERS WITHIN 3 MONTHS; AND ETC.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

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O R D E R

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The petitioner herein has sought for following relief:

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“(a ) Issue a writ of mandamus or any other appropriate writ, order, or direction and direct the respondents 1 to 3 to take action to ensure that double allotment of sites to members, and allotment of more than one site to same family members done by the society is cancelled within 3 months;

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(b) Direct the respondent No.4 to cancel double/ multiple allotment of sites done to some members within 3 months;

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(c) Direct the respondents to pay the cost of this petition to the petitioner;

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(d) Any other relief, which this Hon’ble Court deems fit in the peculiar facts and circumstances of the case in the interest of justice, equity and fairplay.”

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Heard Sri. H. Srinivas, petitioner/Party-in-person; Smt.

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A.R. Sharadamba, learned Additional Government Advocate

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WP NO.25853 OF 2018

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appearing for respondents 1 to 3; and Sri. B.L. Sanjeev, learned counsel appearing for the respondent No.4.

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Sri. H. Srinvas, petitioner/Party-in-person submits that he will file dispute under Section 70 of the Karnataka Cooperative Societies Act, 1959 before the competent Authority within four weeks from today.

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Taking into consideration the submission made by the petitioner/Party-in-person, liberty is reserved to the petitioner as prayed for. If such dispute is filed by the petitioner herein before the competent Authority within four weeks from today, the competent Authority shall consider the same and take appropriate decision in accordance with law.

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Since, the petitioner herein has approached this Court in 2018 in present writ petition, the competent Authority shall expedite the proceedings. In the result, writ petition stands disposed of.

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SD/JUDGE

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ARK

Sri H Srinivas v. Joint Registrar of

Case brief

What is this about?

What did the court decide?

Sri H Srinivas v. Joint Registrar of

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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