Dismissed

Smt Bhagya Lakshmi v. Joint Registrar of Co. Operative Societies

Karnataka HC20 Nov 2024WP/26135/2024

Case brief

AI extract

What is this about?

Writ petition challenging cooperative dispute redressal orders; petitioner sought withdrawal after Bank's objections to a reconveyance deed. The Court found abuse of process, noting false allegations of payment and non-compliance with an interim order, dismissed the petition as withdrawn with exemplary costs of Rs.50,000 payable to Karnataka Legal Services Authority.

What the court decided

AI extract

Smt Bhagya Lakshmi Vs Joint Registrar of Co… — Cooperative Societies | Karnataka HC (2024)

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1 - NC: 2024:KHC:47076 WP No. 26135 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 20^TH DAY OF NOVEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 26135 OF 2024 (CS-RES)

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BETWEEN:

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SMT BHAGYA LAKSHMI WIFE OF N. RAVIKUMAR, AGED 42 YEARS, RESIDENT OF WARD NO. 1, MASJID STREET, TORANGALLU RS, SANDUR TALUK, BALLARI DISTRICT-583119

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…PETITIONER

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(BY SRI. MOHAN KUMAR H G., ADV.)

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AND:

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Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA

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JOINT REGISTRAR OF CO OPERATIVE SOCIETIES (RULE 441), SOUHARDA SOCIETY DISPUTE REDRESSAL COURT KARNATAKA 246.17 AND 18, MARGOSA ROAD, MALLESWARAM, BANGALORE. 560055.

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THE AUTHORIZED OFFICER SUCO SOUHARDA SAHAKARI BANK LTD., ROYAL CIRCLE BRANCH, BALLARI. 583101

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N. RAVIKUMAR SON OF N. VENKATARAMANA, AGED 46 YEARS, RESIDENT OF WARD NO. 1,

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NC: 2024:KHC:47076 WP No. 26135 of 2024

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MASJID STREET, TORANGALLU RS, SANDUR TALUK, BALLARI DISTRICT. PIN CODE-583119

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K.S. NAGARAJ SON OF K.S. PAMPANNA, AGED 50 YEARS, RESIDENT OF WARD NO.1, #276, NEAR MAREMMA TEMPLE, BYLUVADDIGERE, HOSPETE TALUK, BALLARI DISTRICT-583223.

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…RESPONDENTS

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(BY SRI.YOGESH D., AGA FOR R1: SRI T.P.MUTHANNA, ADVOCATE FOR R2)

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THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDERS AT ANNEXURE-E VIDE NO. DRD/KSSSCS/1955/202223 DTD 26.07.2023 AS ILLEGAL, ARBITRARY AND IN VIOLATION OF PRINCIPLES OF NATURAL JUSTICE, TO QUASH THE IMPUGNED ORDERS AT ANNEXURE-F VIDE DRD/KSSSCS/1955/2022-23 DTD 21.06.2024 AS ILLEGAL, ARBITRARY AND IN VIOLATION OF PRINCIPLES OF NATURAL JUSTICE

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ

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ORAL ORDER

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The petitioner is before this Court seeking for the following reliefs:

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“a) Issue the writ in the nature of certiorari or any other writ, order or direction to quash the impugned orders at ANNEXURE-E Vide

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3 - NC: 2024:KHC:47076 WP No. 26135 of 2024

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No.DRD/KSSSCS/1955/2022-2023 dated 26-072023 as illegal, arbitrary and in violation of principles of natural justice.

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b) Issue the writ in the nature of certiorari or any other writ, order or direction to quash the impugned orders at ANNEXURE-F vide DRD/KSSSCS/ 1955/2022-2023 dated 21-06-2024 as illegal, arbitrary and in violation of principles of natural justice.

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c) Issue any other appropriate Writ or Order or Direction which deems fit to pass, by this Hon’ble Court under the facts and circumstances of the Case.”

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Today, a memo has been filed. Memo dated 20.11.2024 has been filed and signed by the learned counsel for the petitioner and reads as under:

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“The Withdrawal Memo filed by the Counsel for the Petitioner on Behalf of the Petitioner:-

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The undersigned counsel on behalf of the Petitioner Submits as follows:-

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That the 2^nd respondent filed statement of Objections disputing Annexures “C” Reconveyance Deed Dated.... In view of the above petitioner seeks leave of the Hon’ble court to withdraw this present Writ

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4 - NC: 2024:KHC:47076 WP No. 26135 of 2024

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Petition with liberty to approach Hon’ble Karnataka Appellate Tribunal and Agitate the matter on Merits including the Disputed? Annexure ‘C’ on Merits. Hence, this Memo.”

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Learned counsel for respondent No.2/Bank submits that the above petition is an abuse of process of Court in as much as the petitioner has falsely alleged that the payment has been made to the Bank, despite which, the Bank is taking coercive step against the petitioner in order to harass the petitioner. His further submission is that even the interim order dated 23.09.2024 has not been complied with and that the petitioner is enjoying the possession of the property to the detriment of the Bank. Firstly, by filing the false petition and secondly, by not complying with the interim order passed on 23.09.2024.

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In that view of the matter, I am of the considered opinion that there is an abuse of process of Court. Though a memo for withdrawal has been filed, the petition cannot be dismissed as withdrawn simplicitor but cost would have to be imposed.

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5 - NC: 2024:KHC:47076 WP No. 26135 of 2024

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As such, the petition is dismissed as withdrawn by imposing exemplary cost of Rs.50,000/- to be paid by the petitioner to the Karnataka Legal Services Authority, within three weeks from today.

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It is needles to say that if the said cost is not paid by 13.12.2024, proceedings for recovery of the cost as arrears of land revenue could be initiated.

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Sd/(SURAJ GOVINDARAJ) JUDGE

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HA List No.: 1 Sl No.: 5

Smt Bhagya Lakshmi v. Joint Registrar of Co. Operative Societies

Case brief

What is this about?

What the court decided

Smt Bhagya Lakshmi v. Joint Registrar of Co. Operative Societies

Case brief

What is this about?

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