Dismissed

Sri Sudheer Shiriyan v. the Joint Registrar

Karnataka HC2 Nov 2023WP/2029/2016

Case brief

AI extract

What is this about?

The High Court of Karnataka dismissed a writ petition filed under Articles 226 and 227 of the Constitution challenging an order of disqualification and appointment of administrator. The court found the petition rendered infructuous due to a new election held in 2019 after the efflux of five years.

What did the court decide?

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

Sri Sudheer Shiriyan Vs the Joint Registrar — Cooperative Societies | Karnataka HC (2023)

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1 - NC: 2023:KHC:39127 WP No. 2029 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. 2029 OF 2016 (CS-RES)

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BETWEEN:

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SRI SUDHEER SHIRIYAN S/O LATE SHEKAR BANGERA, AGED ABOUT 48 YEARS, R/AT BANGERA HOUSE GUDDEKOPPALA SURATHKAL -575102

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SRI.USHA RANI D.K C/O DINAKAR K AGED ABOUT 41 YEARS, R/AT GAJANANA NILAYA, TILAKNAGAR, BOLUR, MANGALURU-575003

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Digitally signed by BHARATHI S Location: HIGH COURT OF KARNATAKA

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SRI.RAMAKANCHAN S/O LATE SUBBAKUNDAR AGED ABOUT 60 YEARS, R/AT SOUPARNIKA, KUDURKERE, MALPE, UDUPI-576108

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SRI.DEVAPPA KANCHAN S/O LATE KOOSATHANDEL AGED ABOUT 50 YEARS, R/AT MANUR VILLAGE, KOTATHATTU, UDUPI-576221

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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 JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, MYSORE REGION, MYSORE-571206

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2 - NC: 2023:KHC:39127 WP No. 2029 of 2016

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THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, UDUPI, UDUPI TALUK AND DISTRICT PIN-576103

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S.K. AND UDUPI DISTRICT CO.OP FISH MARKETING FEDERATION LTD., MULIHITLU, MANGALORE-575001 REPRESENTED 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 & R2 SRI K PRASAD HEGDE, ADVOCATE FOR R3)

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THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER ANNEXURE-A TO A3 DTD 6.1.2016 PASSED BY THE R-1 UNDER SECTION 29(C) OF THE ACT DISQUALIFYING THEM AS MEMBERS / DIRECTORS OF THE BOARD OF MANAGEMENT OF THE R-3 FEDREATION AND THE ORDER ANNEXURE-B DTD6.1.2016 PASSED BY THE R-1 UNDER SECTION 31 OF THE ACT APPOINTING THE R-2 AS AN ADMINISTRATOR FOR THE R-3 FEDERATION 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

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

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The present writ petition is filed challenging the order dated 6.1.2016.

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3 - NC: 2023:KHC:39127 WP No. 2029 of 2016

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Learned Senior Counsel would submit that the

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order dated 6.1.2016 which is issued under Section 29(c) 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 14.1.2016 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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ND/List No.: 2 Sl No.: 0

Sri Sudheer Shiriyan v. the Joint Registrar

Case brief

What is this about?

What did the court decide?

Sri Sudheer Shiriyan v. the Joint Registrar

Case brief

What is this about?

What did the court decide?

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