Writ petition filed seeking direction to respondent officials to take action against individuals accused of stealing society records and to recover/hand over records to the petitioner society. The High Court held the relief cannot be granted.
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NC: 2024:KHC-D:534 WP No. 100993 of 2016
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 9TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 100993 OF 2016 (CS-RES)
BETWEEN:
RELPRESENTED BY ITS SECRETARY, ARIF S/O KUTUBUDDIN SHIVAPURE, AGE:45 YEARS,
…PETITIONERS
Digitally signed by JAGADISH JAGADISHT R T R Date: 2024.01.24 11:57:45 +0530
(BY SRI. ANAND BAGEWADI, ADVOCATE FOR SRI, SHIVARAJ P MUDHOL., ADVOCATE)
AND:
NC: 2024:KHC-D:534 WP No. 100993 of 2016
TQ: BELAGAVI, DIST: BELAGAVI.
NC: 2024:KHC-D:534 WP No. 100993 of 2016
TQ: BELAGAVI, DIST: BELAGAVI.
…RESPONDENTS
(BY SRI.V.S.KALASURMATH, ADVOCATE FOR R1 TO R4;
SRI. VISHWANATH V. BADIGER FOR R5 TO R12; R13 SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUION OF INDIA, PRAYING TO DIRECT TO THE RESPONDENTS NO.1 TO 4 TO TAKE SUITABLE ACTION INCLUDING CIVIL AND CRIMINAL ACTION AGAINST THE RESPONDENTS NO.5 TO 12 AND TO RECOVER THE ENTIRE SOCIETY RECORDS FROM THEM AND HAND OVER THE SAME TO THE 1ST PETITIONER SOCIETY.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
NC: 2024:KHC-D:534 WP No. 100993 of 2016
ORDER
This writ petition is filed seeking for a direction to respondent Nos.1 to 4 to take appropriate action including civil and criminal action against respondent Nos.5 to 12 who have allegedly stolen the records from the petitioner/society and to recover the said records to the said respondents. The grievance of the petitioner, the relief sought for by the petitioner cannot be granted, and it is open for the petitioner to approach the competent authority for taking appropriate action in accordance with law. With these observations, the writ petition stands disposed off.
Sd/JUDGE
SSP List No.: 2 Sl No.: 42
1 issue framed by the court
Whether the court can direct respondents to take action against individuals accused of stealing society records and hand over the records to the petitioner.
2 provisions across 1 enactments
SRI. S.U. PAI-CO-OPERATIVE CREDIT SOCIETY LTD.
SHIVANAGOUDA S/O RAMANAGOUDA PATIL
THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETY, BELAGAVI
THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, BELAGAVI
THE COMMISSIONER OF POLICE, BELAGAVI
THE CIRCLE INSPECTOR OF POLICE, MARKET POLICE STATION, BELAGAVI
HEMANT CHANDANGOUDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
