Dismissed¶41

K E Samsuddin v. the Joint Registrar of Co. Operative Society

Karnataka HC17 Jan 2025WP/2500/2021

Case brief

AI extract

What is this about?

Karnataka High Court, Bengaluru; single judge: Hon'ble Ms. Justice Jyoti Mulimani; WP No. 2500 of 2021 (GM-CFA); decided 17.01.2025; writ of certiorari; condonation of delay; co-operative society appeal; Deputy Registrar order dated 16.10.2015; Joint Registrar order dated 15.09.2020 in Appeal No.JRM/Chits/DAP/02/2019-20; Margadarshi Chits Pvt Ltd; Koppa, Chikkamagaluru; writ petition dismissed.

What did the court decide?

The Joint Registrar's order rejecting the application to condone the delay of almost two and a half years in filing the appeal is just and proper, and there are no grounds for this Court to interfere with it. ¶40

K E Samsuddin Vs the Joint Registrar of Co… — Writ and Judicial Review | Karnataka HC (2025)

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NC: 2025:KHC:1968 WP No. 2500 of 2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 17^TH DAY OF JANUARY, 2025

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BEFORE

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THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 2500 OF 2021 (GM-CFA)

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BETWEEN:

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K.E.SAMSUDDIN S/O ISMAIL, AGED ABOUT 37 YEARS, R/AT NO. 548, MARKET ROAD, KOPPA TALUK, CHIKKAMAGALURU-577 126.

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…PETITIONER

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(BY SRI. PAVAN.H.S., ADVOCATE FOR SMT. HALEEMA AMEEN., ADVOCATE)

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AND:

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THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETY, MYSORE REGION, MYSORE-570 003.

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Digitally signed by THEJASKUMAR N Location: High Court of Karnataka

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M/S MARGADARSHI CHITS PVT LTD., 1^ST FLOOR, PARADIGAM PLAZA, A.B.SHETTY CIRCLE, MANGALORE-575 001. RERPESENTED BY ITS BRANCH MANGER/FOREMAN SRI Y.C.SACHIN.

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MR. SHEIKH ISAMAIL S/O IBRAHIM RAZAK SAHEB PROP. SUPER CHICKEN STALL, MARKET ROAD, KOPPA-577 126. CHIKKAMAGALUR.

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MR. K.E.SADHI ADULT

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2 - NC: 2025:KHC:1968 WP No. 2500 of 2021

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S/O ISMAIL, PROP. FOUSIA TRADERS, MARKET ROAD, KOPPA TALUK-577 126. CHIKKAMAGALURU.

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MR. SHAKEEL AHAMED S/O SHEIKH DAWOOD SAB, PROP AHAD METAL STORES, VIVEKANANDA ROAD, KOPA TALUK-577 126. CHIKKAMAGALURU.

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MR. ASHIF IQBAL S/O AHAMED, FISH MERCHANT, GUNAVANTA ROAD, KOPPA TALUK-577 126. CHIKKMAGALURU DISTRICT.

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MRS. ZAIBUNNISA ADULT, W/O IBRAHIM RAZAK SAHEB, R/AT T.M.ROAD, KOPPA TALUK, CHIKMAGALURU-577 126.

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MR. V.RAGHAVENDRA ADULT, S/O VENURAPPA, PROP PALACE, 1^ST FLOOR, MAIN ROAD, KOPPA TALUK-577 126. CHIKKAMAGALURU.

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THE ASSISTANT REGISTRAR, DAKSHINA KANNADA CO-OPERATIVE SOCIETY, MANGALORE-575 001.

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MR. ASHOK RAO PERODY, ADULT, ADVOCATE AND NOMINEE OF REGISTRARS CHIT FUND, MANGALORE-575 003.

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NC: 2025:KHC:1968 WP No. 2500 of 2021

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…RESPONDENTS

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(BY SRI. MAHANTESH SHETTAR., AGA FOR R1; SRI. P.P.JAYAKUMARA., ADVOCATE FOR R2; R4, 5, 9, & 10-SERVED AND UNREPRESENTED)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.

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THIS WRIT PETITION IS LISTED FOR ORDERS, THIS DAY, AN ORDER IS MADE AS UNDER:

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ORAL ORDER

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Sri.Pavan.H.S., counsel on behalf of Smt.Haleema

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Ameen., for the petitioner and Sri.Mahantesh Shettar., AGA for respondent No.1 have appeared in person.

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Sri.P.P.Jayakumar., counsel for respondent No.1 has appeared through video conferencing.

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The captioned Writ Petition is filed seeking a Writ of Certiorari to quash the order dated 15.09.2020 passed by the first respondent in Appeal No.JRM/Chits/DAP/02/2019-20 vide Annexure-F.

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Heard the arguments and perused the Writ papers

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with care.

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NC: 2025:KHC:1968 WP No. 2500 of 2021

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Suffice it to note that the order dated 16.10.2015 passed by the Deputy Registrar of Co-operative Society was questioned before the Joint Registrar of Co-operative Society on 05.01.2019. There was an inordinate delay of almost two and half years in filing the case. Accordingly, an application was also filed to condone the delay. The Joint Registrar of Cooperative Society extenso referred to the material on record and rejected the application to condone the delay. In my view, the order is just and proper. I find no grounds to interfere with the order passed by the Joint Registrar of Co-operative Society. The Writ Petition is devoid of merits and is liable to be dismissed.

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5. Resultantly, the Writ Petition is dismissed .

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Sd/(JYOTI MULIMANI) JUDGE

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MRP List No.: 1 Sl No.: 32

K E Samsuddin v. the Joint Registrar of Co. Operative Society

Case brief

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K E Samsuddin v. the Joint Registrar of Co. Operative Society

Case brief

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