Dismissed

Sri. Yashpal Suvarna v. the Addl Registrar

Karnataka HC2 Nov 2023WP/10160/2016

Case brief

AI extract

What is this about?

The High Court dismissed the writ petition filed under Articles 226 and 227 of the Constitution challenging an order dated 6.1.2016 under the Karnataka Co-operative Societies Act, 1959. The court held that with the lapse of five years and a fresh election in 2019, the impugned order had become infructuous.

What did the court decide?

The writ petition was dismissed as infructuous due to the efflux of time and a fresh election held in 2019.

Sri. Yashpal Suvarna Vs the Addl Registrar — Cooperative Societies | Karnataka HC (2023)

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1 - NC: 2023:KHC:39127 WP No. 10160 of 2016

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 2^ND DAY OF NOVEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE C.M. POONACHA WRIT PETITION NO. 10160 OF 2016 (CS-RES)

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BETWEEN:

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SRI. YASHPAL SUVARNA S/O ANANDA N.PUTHRAN AGED ABOUT 35 YEARS R/AT YASHAS AJJARAKADU, UDUPI-576101

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SRI. PURUSHOTHAM AMIN S/O LAKSHMANA SUVARNA AGED ABOUT 56 YEARS R/AT RAJESHWARI NIVAS MOGAVEERA PATNA ULLALA-575020

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Digitally signed by BHARATHI S Location: HIGH COURT OF KARNATAKA

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SRI. RAMACHANDRA KUNDAR S/O J.B. KOTIYAN AGED ABOUT 50 YEARS R/AT RAMAMANDIRA AMBALAPADI, ADI UDUPI UDUPI-576103

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SRI. SHIVAJI S. AMIN S/O LATE SIDDU A SUVARNA AGED ABOUT 54 YEARS R/AT THARIMAHAL YERMALBADA, PADU, UDUPI-574119

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…PETITIONERS

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(BY SRI JAYAKUMAR S PATIL, SENIOR COUNSEL FOR SRI HAREESH BHANDARY T, ADVOCATE)

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AND:

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THE ADDL REGISTRAR COOPERATIVE SOCIETIES, ALI ASKAR ROAD,

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2 - NC: 2023:KHC:39127 WP No. 10160 of 2016

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BANGALORE-52

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THE JOINT REGISTRAR OF COOPERATIVE SOCIETIES MYSORE REGION, MYSORE-577202

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THE DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES UDUPI, UDUPI TALUK & DISTRICT-576101

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S.K. & UDUPI DISTRICT COOP FISH MARKETING FEDERATION LTD. MULIHITLU, MANGALORE-575001 REP BY ITS MANAGING DIRECTOR

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…RESPONDENTS

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(BY SRI BHANU PRAKASH, AAG A/W SRI SIDDHARTH BABURAO, AGA FOR R1 TO R3 SRI K PRASAD HEGDE, ADVOCATE FOR R4)

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THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER ANNEX-A DTD.20.2.2016 MADE BY R-1 IN APPEAL/DAP14/15-16 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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ORDER

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Heard the learned Senior Counsel Sri Jayakumar S.Patil for the petitioners and learned Additional Advocate General Sri V.G.Bhanu Prakash for the official respondents.

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Learned Senior Counsel would submit that the order dated 6.1.2016 which is issued under Section 29(c)

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3 - NC: 2023:KHC:39127 WP No. 10160 of 2016

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of the Karnataka Co-operative Societies Act, 1959, was the subject matter of Appeal in No.DAP/14/2015-16 and the interim relief for staying the order dated 6.1.2016 was sought in the said appeal. On the refusal of granting of such interim relief, the present petition is filed.

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This Court, vide interim order dated 24.2.2016 had stayed the order dated 6.1.2016.

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It is submitted that the period of 5 years has lapsed and fresh election has been held to the 4^th respondent – society in the year 2019. Hence, by efflux of time, the impugned order has been rendered infructuous.

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In view of the aforementioned, the writ petition

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is dismissed as having been rendered infructuous.

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Sd/JUDGE

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List No.: 2 Sl No.: 5

Sri. Yashpal Suvarna v. the Addl Registrar

Case brief

What is this about?

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Sri. Yashpal Suvarna v. the Addl Registrar

Case brief

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What did the court decide?

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