Writ petition challenging Karnataka Appellate Tribunal order regarding co-operative society site allotment was dismissed as withdrawn. Petitioner agreed to refund claim after society paid full deposit with interest.
Writ petition dismissed as withdrawn upon settlement wherein the society refunded the sital deposit amount of Rs. 5,03,000/- to the petitioner.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 431 OF 2022 (CS-RES)
BETWEEN:
RAMANNA S/O LATE AJJEGOWDA AGED ABOUT 69 YEARS RESIDING AT NO.463 MIG 11TH A CROSS YELAHANKA NEW TOWN BANGALORE-560064.
…PETITIONER
(BY SRI. VIJAY SHETTY B.,ADVOCATE)
AND:
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
BANGALORE-560022 REPRESENTED BY ITS SECRETARY
…RESPONDENTS
(BY SRI. YOGESH D. NAIK., AGA FOR R1 & R2; SRI. CHANDRANNA., ADVOCATE FOR R3-R5; V/O DATED 29.10.2024-R6 DELETED R7- SERVED)
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 37/2021 VIDE ANNEXURE-A 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/4/2018-19 VIDE ANNEXURE- F1 AND ETC.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
NC: 2024:KHC:53247 WP No. 431 of 2022
petitioner and the learned counsel for the petitioner
which reads as under:
MEMO FILED BY THE PETITIONER
The petitioner in the above case most respectfully submits as follows;
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. 2,50,000/- with the 3rd respondent in anticipation of the allotment of residential site to him, during 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.
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.RVN37/2021 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.
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. 5,03,000/to the petitioner herein by way of a Demand Draft bearing No. No. 553922 dated 09-12-2024 drawn on The Karnataka State Co-op. Apex Bank Ltd., Mahalashmipuram branch for an amount of Rs. 5,03,000/-, in favour of the petitioner herein towards the full and final settlement of the refund of sital deposit.
NC: 2024:KHC:53247 WP No. 431 of 2022
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.
Sd/(SURAJ GOVINDARAJ) JUDGE
LN
List No.: 2
1 issue framed by the court
Whether the writ petition challenging the appellate tribunal's order on site allotment should be allowed or dismissed.
4 provisions across 3 enactments
RAMANNA S/O LATE AJJEGOWDA
THE STATE OF KARNATAKA
JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
THE ENGINEERS HOUSING CO-OPERATIVE SOCIETY LTD.
T S BHASKAR REDDY
SURAJ GOVINDARAJ
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
