Dismissed

Kanthamma Kariyanna v. the State of Karnataka

Karnataka HC19 Dec 2024WP/392/2022

Case brief

AI extract

What is this about?

The petitioner sought to set aside an order by the Karnataka Appellate Tribunal regarding site allotment disputes in a cooperative society matter. The High Court observed that the petitioner had accepted a refund with interest from the society and dismissed the petition as withdrawn with no orders as to costs.

What did the court decide?

Writ petition dismissed as withdrawn in view of settlement between the parties.

Kanthamma Kariyanna Vs the State of Karnataka — Cooperative Societies | Karnataka HC (2024)

¶1

1 - NC: 2024:KHC:53244 WP No. 392 of 2022

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶3

DATED THIS THE 19^TH DAY OF DECEMBER, 2024

¶4

BEFORE

¶5

THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 392 OF 2022 (CS-RES)

¶6

BETWEEN:

¶7

KANTHAMMA KARIYANNA W/O K R KARIYANNA AGED ABOUT 60 YEARS RESIDING AT H NO.271 14^TH E CROSS II STAGE II PHASE WEST OF CHORD ROAD MAHALAKSHMIPURA BANGALORE-560086.

¶8

…PETITIONER

¶9

(BY SRI. VIJAY SHETTY B.,ADVOCATE)

¶10

AND:

¶11

Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA

¶12

THE STATE OF KARNATAKA REP BY PRINCIPAL SECRETARY CO-OPERATIVE DEPARTMENT VIDHANA SOUDHA BENGALURU-560001.

¶13

JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES BENGALURU REGION SAHAKARA SOUDHA NO.146 3^RD FLOOR, 3^RD MAIN 8^TH CROSS, MARGOSA ROAD MALLESHWARAM BENGALURU-560003.

¶14

THE ENGINEERS HOUSING CO-OPERATIVE SOCIETY LTD., NO.D-24 D DEVARAJ URS TRUCK TERMINAL LTD INDUSTRIAL SUBURB

¶15

2 - NC: 2024:KHC:53244 WP No. 392 of 2022

¶16

YESHWANTHPUR BANGALORE-560022 REPRESENTED BY ITS SECRETARY

¶17

THE PRESIDENT THE ENGINEERS HOUSING CO-OPERATIVE SOCIETY LTD., NO.D-24 D DEVARAJ URS TRUCK TERMINAL LTD INDUSTRIAL SUBURB YESHWANTHPUR BANGALORE-560022

¶18

THE SECRETARY THE ENGINEERS HOUSING CO-OPERATIVE SOCIETY LTD., NO.D-24 D DEVARAJ URS TRUCK TERMINAL LTD INDUSTRIAL SUBURB YESHWANTHPUR BANGALORE-560022

¶19

THE HONOURARY SECRETARY THE ENGINEERS HOUSING CO-OPERATIVE SOCIETY LTD., NO.D-24 D DEVARAJ URS TRUCK TERMINAL LTD INDUSTRIAL SUBURB YESHWANTHPUR BANGALORE-560022 (DELETED V/O/D 29.10.2024)

¶20

T S BHASKAR REDDY S/O SRI T N SONNAPPA REDDY NO.115/A I MAIN ROAD OPPOSITE U A S LAYOUT R M V II STAGE BANGALORE-560094.

¶21

…RESPONDENTS

¶22

(BY SRI. YOGESH D. NAIK., AGA FOR R1 & R2; SRI. CHANDRANNA., ADVOCATE FOR R3-R5; V/O DATED 29.10.2024-R6 DELETED

¶23

¶24

NC: 2024:KHC:53244 WP No. 392 of 2022

¶25

R7- SERVED)

¶26

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS AND SET ASIDE THE ORDER PASSED BY THE HONBLE KARNATAKA APPELLATE TRIBUNAL AT BENGALURU (CH-5) IN COP RVN 36/2021 DATED 24.12.2021 IN PARTLY ALLOWING THE REVISION PETITION,BY MODIFYING THE ORDER PASSED BY THE R2 DATED 17.06.2021,ON THE APPLICATION FILED BY THE R3,4,5 FILED UNDER SECTION 71(3) OF K.C.S ACT,1959,R/W ORDER VII RULE 11 ALONG WITH SECTION 151 OF CPC IN DISPUTE NO.JRB/MD/2/201819 VIDE ANNEXURE- A & F1 AND ETC.

¶27

THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

¶28

CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ

¶29

ORAL ORDER

¶30

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

¶31

a. Call for records.

¶32

b. Set aside the order passed by the Hon’ble Karnataka Appellate Tribunal at Bengaluru (CH-5) in COP.RVN-36/2021 dated 24.12.2021 in partly allowing the Revision Petition, by modifying the order passed by the R2 dated: 17.06.2021, on the application filed by the respondents No. 3, 4 & 5 filed under Section 71(3) of K.C.S Act, 1959, r/w order VII Rule 11 along with Section 151 of CPC in dispute No. JRB/MD/3/2018-19 vide Annexure-A & F1;

¶33

c. Issue any other writ, order or direction and grant such other and further reliefs as this Hon’ble Court deems fit and proper under the circumstances of this case, in the interest of justice and equity.

¶34

¶35

NC: 2024:KHC:53244 WP No. 392 of 2022

¶36

Memo dated 19.12.2024 has been filed signed by the

¶37

petitioner and the learned counsel for the petitioner

¶38

which reads as under:

¶39

MEMO FILED BY THE PETITIONER

¶40

The petitioner in the above case most respectfully submits as follows:

¶41

1. it is submitted that, the petitioner enrolled as the member of the Engineers Housing Co-operative Society Ltd., Respondent No.3 in the writ petition. The petitioner also deposited a sum of Rs. 10,87,320/- with the 3 respondent in anticipation of the allotment of residential site to her, an different dates of 2006 and 2009. Inspite of expiry of all these years, the respondent No.3Society couldn't form approved layout in the lands proposed to be formed a layout in view of the Civil disputes pending for consideration.

¶42

2. It is submitted that, in view of challenging the order dated 1706-2021, which was of dismissal of the application filed by the respondents No. 1 to 3 herein and the respondent No. 5, which was sought for the dismissal of the main petition itself on maintainability, before the Hon'ble Kamataka Appellate Tribunal, at Bengaluru inCOP.RVN-36/2021 dated 24-12-2021. the Tribunal was pleased to hold that, the prayer made by the petitioner for allotment of site was held to be premature as no layout has been formed by the Respondent No.3-Society. The said order has been challenged by the petitioner by filing the above writ petition.

¶43

3. It is submitted that, in view of the delay in forming the layout and allotment of sites, the petitioner is agreeable to take refund of the sital deposit together with accrued interest and thereby withdrawing the claim for the allotment of site from the Respondent No.3. Accordingly, today the Respondent No.3Society has paid a sum of Rs. 21,71,000/- to the petitioner herein by way of a Demand Draft bearing No. No. 553924 dated 09-12-2024 drawn on The Karnataka State Co-op. Apex Bank Ltd., Mahalashmipuram branch for an amount of Rs. 21,71,000/-, in favour of the petitioner herein towards the full and final settlement of the refund of sital deposit.

¶44

¶45

NC: 2024:KHC:53244 WP No. 392 of 2022

¶46

Wherefore, the petitioner herein most respectfully prays that, this Hon'ble Court be pleased to dismiss the Writ Petition as withdrawn in view of the above said settlement, with no orders as to costs, in the interest of justice and equity.

¶47

Accepting the memo and submission, the petition is

¶48

dismissed as withdrawn.

¶49

SD/(SURAJ GOVINDARAJ) JUDGE

¶50

List No.: 2 Sl No.: 0

Kanthamma Kariyanna v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Kanthamma Kariyanna 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

Parties & counsel

Coram

Case details

Similar cases

Smt Alima Fouzia Vs the Joint / Additional Registrar of Co. Operative Societies (441)

Sri. Basavarajendra High School Vs the State of Karnataka

Sri. P G Tejappa Vs Registrar of Co-Operative Societies

Sri Anand Balakrishna Appugol Vs State of Karnataka

K R Kariyanna Vs the State of Karnataka

Ramanna Vs the State of Karnataka