Dismissed

K R Kariyanna v. the State of Karnataka

Karnataka HC19 Dec 2024WP/430/2022

Case brief

AI extract

What is this about?

The petitioner challenged the order of the Karnataka Appellate Tribunal rejecting a request for site allotment in a co-operative society. The petitioner withdrew the claim for allotment but sought refund. The society paid the full amount including a bonus. The High Court dismissed the writ petition as withdrawn upon acceptance of the settlement memo filed by the petitioner.

What did the court decide?

Writ petition dismissed as withdrawn following settlement and refund of sital deposit with interest by the society.

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

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1 - NC: 2024:KHC:53242 WP No. 430 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 19^TH DAY OF DECEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 430 OF 2022 (CS-RES)

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BETWEEN:

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K R KARIYANNA S/O DEVANNA AGED ABOUT 70 YEARS RESIDING AT H NO.271 14^TH E CROSS II STAGE II PHASE WEST OF CHORD ROAD MAHALAKSHMIPURA BANGALORE-560086.

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…PETITIONER

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(BY SRI. VIJAY SHETTY B.,ADVOCATE)

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AND:

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THE STATE OF KARNATAKA REP BY PRINCIPAL SECRETARY CO-OPERATIVE DEPARTMENT Digitally signed VIDHANA SOUDHA by SHWETHA RAGHAVENDRA BENGALURU-560001. Location: HIGH COURT OF 2. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES KARNATAKA

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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.

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

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2 - NC: 2024:KHC:53242 WP No. 430 of 2022

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INDUSTRIAL SUBURB YESHWANTHPUR BANGALORE-560022 REPRESENTED BY ITS SECRETARY

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

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

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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)

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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.

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…RESPONDENTS (BY SRI. G.M. CHANDRASHEKAR., AGA FOR R1 & R2; SRI. G. SURESH., ADVOCATE FOR R5;

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NC: 2024:KHC:53242 WP No. 430 of 2022

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V/O DATED 29.10.2024-R6 DELETED R7- SERVED)

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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 35/2021 DATED 24.12.2021 VIDE ANNEXURE-A 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/2/2018-19 VIDE ANNEXURE-F1 AND ETC.

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THIS WRIT PETITION, COMING ON FOR REPORTING SETTLEMENT, 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. Call for records.

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b. Set aside the order passed by the Hon’ble Karnataka Appellate Tribunal at Bengaluru (CH-5) in COP.RVN-35/2021 dated 24.12.2021 vide Annexure-A 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/2/2018-19 vide Annexure-F1;

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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.

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NC: 2024:KHC:53242 WP No. 430 of 2022

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Memo dated 19.12.2024 has been filed signed by the petitioner and the learned counsel for the petitioner which reads as under:

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MEMO FILED BY THE PETITIONER

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

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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. 5,03,350/- with the 3rd respondent in anticipation of the allotment of residential site to him, on 20- 12-2006. Inspite of expiry of all these years, the respondent No.3-Society couldn't form approved layout in the lands proposed to be formed a layout in view of the Civil disputes pending for consideration.

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2. It is submitted that, in view of challenging the order dated 17-06-2021, 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 Karnataka Appellate Tribunal, at Bengaluru in COP.RVN35/2021 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.

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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.3- Society has paid a sum of Rs. 10,03,000/- to the petitioner herein by way of a Demand

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NC: 2024:KHC:53242 WP No. 430 of 2022

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Draft bearing No. No. 553921 dated 09-12-2024 drawn on The Karnataka State Co-op. Apex Bank Ltd., Mahalashmipuram branch for an amount of Rs. 10,03,000/-, in favour of the petitioner herein towards the full and final settlement of the refund of sital deposit

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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 aid settlement, with no orders as to costs, in the interest of justice and equity.

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Accepting the memo and submission, the petition is dismissed as withdrawn.

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SD/(SURAJ GOVINDARAJ) JUDGE

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List No.: 2 Sl No.: 33

K R Kariyanna v. the State of Karnataka

Case brief

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K R Kariyanna v. the State of Karnataka

Case brief

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