Dismissed

Sri Siddaiah v. the State of Karnataka

Karnataka HC5 Dec 2023WP/24357/2019

Case brief

AI extract

What is this about?

A writ petition under Articles 226 and 227 of the Constitution of India praying to vacate an interim order passed in an appeal filed by respondents 6 to 8 and direct their proper officer to dispose of the appeal was dismissed as having been rendered infructuous due to the subsequent dismissal of the underlying appeal.

What did the court decide?

Petition dismissed as infructuous due to the dismissal of the underlying appeal on 30.10.2019.

Sri Siddaiah Vs the State of Karnataka — Cooperative Societies | Karnataka HC (2023)

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1 - NC: 2023:KHC:43982 WP No. 24357 of 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 5^TH DAY OF DECEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE C.M. POONACHA WRIT PETITION NO. 24357 OF 2019 (CS-RES)

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BETWEEN:

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SRI SIDDAIAH, S/O LATE BORAIAH, AGED ABOUT 42 YEARS, RESIDING AT NO.G-834, 11TH CROSS, HAL CENTRAL TOWNSHIP, MARATHAHALLI POST, BANGALORE-560 037.

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SRI.V. MUNIYAPPA, S/O VENKATAPPA, AGED ABOUT 41 YEARS, RESIDING AT NO.G-547, 6TH CROSS, 1ST MAIN, HAL CENTRAL TOWNSHIP, MARATHAHALLI POST, BANGALORE-560 037.

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Digitally signed by BHARATHI S Location: HIGH COURT OF KARNATAKA

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SRI. VENKATESHAPPA, S/O KARAYANNA AGED ABOUT 48 YEARS, RESIDING AT NO.G-508, 7TH CROSS, 1ST MAIN ROAD, HAL CENTRAL TOWNSHIP, MARATHAHALLI POST, BANGALORE-560 037.

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SRI. CHANDRA MOHAN N.S, S/O SHESHADRI N, AGED ABOUT 44 YEARS, R/AT NO.27, 8TH CROSS, 4TH MAIN ROAD, SIR M.V.NAGAR, RAMAMURTHY NAGAR, BANGALORE-560 016.

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…PETITIONERS

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(BY SRI. KASHINATH J D.,ADVOCATE)

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AND:

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THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATIVE, M.S.BUILDING, DR.AMBEDKAR STREET, BANGALORE-560 001,

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2 - NC: 2023:KHC:43982 WP No. 24357 of 2019

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REP BY ITS SECRETARY.

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THE REGISTRAR DEPARTMENT OF CO-OPERATIVE SOCIETIES, ALI ASKAR ROAD, BANGALORE-560 001.

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THE ADDITIONAL REGISTRAR (HOUSE AND ETC) DEPARTMENT OF CO-OPERATIVE SOCIETIES, NO.1, ALI ASKAR ROAD, BANGALORE-560001.

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THE JOINT REGISTRAR DEPARTMENT OF CO-OPERATIVE SOCIETIES, BANGALORE REGION, CHAMARAJAPETE, BANGALORE-560 018.

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THE AIRCRAFT EMPLOYEES HOUSE BUILDING CO-OPERATIVE SOCIETY LTD., NO.15, 1ST CROSS, CKC GARDEN, OPP HCG HOSPITAL, K.H.ROAD (DOUBLE ROAD) BANGALORE-560 027 REP BY ITS SECRETARY.

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SRI. N. DEVARAJ EX-PRESIDENT

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SRI.T.D. KRISHNAPPA EX- DIRECTOR

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SRI.K.N. VIJAYAKUMAR EX-DIRECTOR

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RESPONDENT NO.6 TO 8 RESIDING AT NO.15, KCK GARDEN, 1ST CROSS, OPP TO B.I.O HOSPITAL, K.H.ROAD, DOUBLE ROAD, BANGALORE-560 027.

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…RESPONDENTS

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(BY SRI. M. SRINIVAS KUMAR, HCGP FOR R1 TO R4; R5 SERVED, SRI. BIPIN HEGDE, ADVOCATE FOR R6 TO R8)

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THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO i) ISSUE WRIT OR DIRECTION OR ANY APPROPRIATE ORDER TO VACATE THE INTERIM ORDER PASED IN APPEAL bearing No.ANI(VA:E)D2:DAP-09/2017-18 FILED

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3 - NC: 2023:KHC:43982 WP No. 24357 of 2019

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BY THE RESPONDENTS 6 TO 8 PENDING ON THE FILE OF R-3 AS PER ANNEXURE-G DATED 09.11.2017 AS ILLEGAL AND ACCORDINGLY DIRECT THE R-3 TO DISPOSE OF THE APPEAL BEARING NO.D2:DAP09/2017 FILED BY THE R-6 TO 8 AS PER ANNEXURE-F WITHOUT ANY FURTHER DELAY 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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The present writ petition is filed seeking for the following

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reliefs:

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“i) Issue writ or direction or any appropriate order to vacate the interim order passed in appeal bearing NO.ANI(VA:E)D2:DAP-09/201718 filed by the respondents 6 to 8 pending on the file of R-3 as per Annexure-G dated 09.11.2017 as illegal and accordingly direct the R-3 to dispose of the appeal bearing NO.D2:DAP-09/2017 filed by the R-6 To 8 as per Annexure-F without any further delay.

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ii) OR in the alternative direct the r-3 to dispose of the appeal bearing No.D2:DAP09/2017-18 filed by the r-6 to 8 immediately.

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iii) Pass any appropriate order or direction or writ deems fit to the facts and circumstances of the case and to meet the interest of justice”.

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It is submitted on behalf of learned counsel for

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Respondent Nos.6 to 8 that Appeal No.DAP-09/2017-18 which was pending before Respondent No.3 itself has been dismissed on 30.10.2019.

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NC: 2023:KHC:43982 WP No. 24357 of 2019

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In view of the aforementioned, the above writ petition is

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dismissed as having been rendered infructuous.

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Sd/JUDGE

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BS List No.: 1 Sl No.: 27

Sri Siddaiah v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri Siddaiah v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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