Dismissed

Krishna Urs v. the Chief Secretary

Karnataka HC23 Nov 2023WP/39849/2018

Case brief

AI extract

What is this about?

Writ petition filed seeking direction to cooperative society authorities to implement police report recommendations. The court recorded that authorities issued a show cause notice based on the report, and the subsequent proceedings are pending. Consequently, the court held the petition infructuous.

What did the court decide?

The petition is dismissed as having been rendered infructuous because the authorities have taken consequential action pursuant to the relevant letter.

Krishna Urs Vs the Chief Secretary — Writ and Judicial Review | Karnataka HC (2023)

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1 - NC: 2023:KHC:42277 WP No. 39849 of 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 23^RD DAY OF NOVEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE C.M. POONACHA WRIT PETITION NO. 39849 OF 2018 (CS-RES)

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BETWEEN:

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KRISHNA URS S/O LATE NANJARAJE URS AGED ABOUT 68 YEARS, R/AT NO. FLAT NO.302 SAI SHANKARI RESIDENCY NO.2011, 20TH MAIN J P NAGAR 2ND PHASE BENGALURU-560 078

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… PETITIONER

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(BY SRI. RAMESHCHANDRA., ADVOCATE)

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AND:

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THE CHIEF SECRETARY GOVERNMENT OF KARNATAKA VIDHANA SOUDHA BENGALURU-560 001

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Digitally signed by BHARATHI S Location: HIGH COURT OF KARNATAKA

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THE PRINCIPAL SECRETARY CO. OPERATIVE DEPARTMENT GOVERNMENT OF KARNATAKA M S BUILDING BENGALURU-560 001

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REGISTRAR CO. OPERATIVE SOCIETY ALI ASKAR ROAD, BENGALURU-560 001

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ADDITIONAL REGISTRAR CO. OPERATIVE DEPARTMENT ALI ASKAR ROAD, BENGALURU-560 001

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2 - NC: 2023:KHC:42277 WP No. 39849 of 2018

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JOINT REGISTRAR OF CO. OPERATIVE SOCIETY SAHAKARI BHAVAN MARGOSA ROAD, 8TH CROSS, MALLESHWARAM BANGALORE-560 003

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N.G.E.F. EMPLOYEES AND EX.EMPLOYEES HOUSE BUILDING CO. OPERATIVE SOCIETY REPRESETNED BY ITS SECRETARY NO.215, IST FLOOR, LINK ROAD, SHESHADRIPURAM BENGALURU-560 020

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… RESPONDENTS

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(BY SMT. PRATHIMA HONNAPURA, AAG A/W SRI MILIND DANGE, AGA FOR R1 TO R5; SRI SUBRAHMANYA HEGDE, ADVOCATE FOR R6)

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THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT R-1 TO 5 TO IMPLEMENT THE DIRECTIONS GIVEN BY THE DIRECTOR AND INSPECTOR GENERAL OF POLICE, GOVERNMENT OF KARNTAKA BY A LETTER DATED 2.6.2015 AT ANNEXURE-E BASED ON THE REPORT OF THE DIRECTOR GENERAL CID VIDE ANNEXURE-D 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 petition is filed seeking for the following

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reliefs:

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“a ) To issue a Writ of Mandamus, directing respondent No.1 to 5 to implement the Directions given by the Director and Inspector General of Police, Government of Karnataka by a letter bearing No.Aparadha/80/BN/2008 dated 02-06-2015 as per Annexure-E based on the report of the Director General CID vide Annexure-D.

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3 - NC: 2023:KHC:42277 WP No. 39849 of 2018

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b) To issue a Writ of Mandamus to implement the Direction vide Anneuxre-E detailed report of Inspector General of Police, CID Government of Karnataka, Bengaluru vide 18/Aparadha/F.S./CID/2008 dated 11.6.2012 vide Annexure-D.

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c) To direct respondent No.1 to 2 to initiate proper and necessary action against the office holders of respondent No.5 office from 2007 till date for not implementing the report vide Annexure-D by invoking due process of law.

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d) To issue a Writ of Mandamus to implement the Direction vide Letter of the both Respondents dated 18.6.2015 as per Annexure-F.

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e) Grant any other relief,/reliefs, order/orders as this Hon’ble Court having regarding to the deems fit to grant in the facts, in the interest of justice and equity.”

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This Court, vide order dated 7.11.2023 directed

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the learned AGA to take instructions as to whether consequent to the report dated 11.6.2012 of the Director and Inspector General of Police, on the basis of which a letter dated 2.6.2015 was issued as per Annexure-D to the writ petition, whether any action has been taken.

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Learned AGA has filed a memo placing on record that after receipt of the report, a show cause notice dated 29.12.2015 has been issued to the respondent –

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NC: 2023:KHC:42277 WP No. 39849 of 2018

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society, pursuant to which a dispute has been raised against the erring directors and the said proceedings are pending.

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Learned Additional Advocate General appearing

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for the State submits that consequent to the report of the Director and Inspector General of Police, requisite action has been taken and the proceedings are going on a dayto-day basis and the details of the said proceedings have been placed on record in the memo.

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The memo is taken on record.

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In view of the fact that the authorities

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concerned have taken consequential action pursuant to the letter dated 2.6.2015, the relief sought for in the present writ petition has been rendered infructuous. Accordingly, the present writ petition is dismissed as having been rendered infructuous.

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ND/List No.: 1 Sl No.: 27

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SD/JUDGE

Krishna Urs v. the Chief Secretary

Case brief

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Krishna Urs v. the Chief Secretary

Case brief

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