IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOs.38716-717 OF 2018 (GM-RES) BETWEEN:
1. AYAZ PASHA PROPRIETOR AGED ABOUT 55 YEARS M/S. HAJI FAZALUR RAHMAN & SONS A-25, APMC SUB MARKET YARD SINGENA AGAHARA BENGALURU-560099.
2. SRI. A. VENKATESH, PROPRIETOR AGED ABOUT 48 YEARS M/S. SRI AMMAN FRUITS No.G6, APMC YARD SINGENA AGAHARA BENGALURU-560099.
(By Mr. NAVEED AHMED, ADV.) AND:
1. THE REGISTRAR OF COMPANIES KENDRIYA SADHAN F WING, II FLOOR KORAMANGALA BANGALORE-560034.
2. THE BANGALORE FRUIT COMMISSION AGENTS ASSOCIATION (REGD.) No.A-1/I-21, APMC SUB MARKET YARD SINGEN AGARAHARA HOSUR ROAD CROSS HUSKUR ROAD, BANGALORE-560100 REP. BY ITS SECRETARY.
… PETITIONERS … RESPONDENTS (By Mr. K.N. PUTTEGOWDA, ADV., FOR R2 Mr. SANJAY NAIR, ADV., FOR R1) - - -
THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ENDORSEMENT DATED 27-8-2018 ISSUED BY THE 2ND RESPONDENT VIDE ANNEXURE-A & ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER None for the petitioners.
Mr.K.N.Puttegowa, learned counsel for respondent No.2.
Mr.Sanjay Nair, learned counsel for respondent No.1.
2. In these petitions, the petitioners has prayed for the following reliefs:
(a) Issue a writ in the nature of certiorari quashing the impugned endorsement dated 27.08.2018 issued by the 2nd respondent vide Annexure-A in the interest of justice and equity.
(b) Issue a writ in the nature of mandamus or any other appropriate writ order or direction directing the 1st respondent to consider the representation of the petitioner at Annexure-E dated 28.08.2018, in the interest of justice and equity.
(c) Issue such other writ, order or direction as may be deemed fit in the circumstances of the case, and award costs in the interest of justice an equity.
3. When the matters were taken up today, learned counsel for the respondent submitted that the election of the Managing Committee of respondent no.2 has been completed on 31.08.2018 and therefore, nothing survives for adjudication in this writ petition.
In view of the aforesaid submissions and in the facts of the case, the writ petitions are disposed of with a liberty to the petitioners to take recourse to such remedy as may be available to him under law.
Accordingly, the petitions are disposed of.
Sd/- JUDGE SS