IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2019 PRESENT THE HON’BLE MR.L.NARAYANA SWAMY, ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT APPEAL NO.591 OF 2018 (CS-RES) BETWEEN:
SMT. BHAGYAMMA W/O LATE N SHIVALINGAIAH AGED ABOUT 66 YEARS RESIDING AT NO.1096/7, 7TH CROSS, A BLOCK SAHAKARANAGAR BENGALURU – 560092.
(BY SRI.JAYARAJ D S., ADVOCATE) AND:
1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY CO-OPERATION DEPARTMENT MULTISTORIED BUILDING, DR. AMBEDKAR VEEDHI BENGALURU – 560001.
2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES IN KARNATAKA, NO.1, ALI ASKAR ROAD, BENGALURU – 560052.
3. THE ADDITIONAL REGISTRAR OF CO-OPERATIVE SOCIETIES (CONSUMER & MARKETING), ...APPELLANT NO.1, ALI ASKAR ROAD, BENGALURU – 560052.
4. THE MANAGING DIRECTOR THE KARNATAKA STATE CO-OPERATIVE MARKETING FEDERATION LIMITED, NO.8, CUNNINGHAM ROAD, BENGALURU – 560052.
...RESPONDENTS (BY SRI.S.S.MAHENDRA, AGA FOR R1 TO R3) ---
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 12/12/2017 PASSED BY THE LEARNED SINGLE JUDGE IN W.P.NO.19414/2012 (CS-RES) AND ALLOW THE ABOVE WRIT APPEAL.
THIS APPEAL COMING ON FOR PRELIMINARY HEARING THIS DAY, P.S.DINESH KUMAR J., DELIVERED THE FOLLOWING:
JUDGMENT Though this appeal is filed belatedly, we have heard the same on both delay and merits.
2. In a surcharge proceedings, a property was attached and the same was sold whilst attachment order was in force. The authorities invoked Section 111(1) of the Karnataka Co-operative Societies Act, 1959 and initiated criminal prosecution against the appellant. The said order was challenged in the instant writ petition.
3. The Hon’ble Single Judge has recorded a finding that whilst the attachment was in force, the petitioner has conveyed the property in favour of one Sri K.Lokanathan by sale deed dated 10.12.1999.
4. In view of the factual finding recorded by the Hon’ble Single Judge, we find no ground to interference in this appeal. Resultantly, this appeal must fail.
5. Accordingly, I.A.No.1/2018 for condonation of delay and also the appeal on merits are dismissed.
No costs.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE BSR