IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.5310 OF 2019 (GM-ST/RN) BETWEEN:
INNANJE CO-OPERATIVE AGRICULTURAL SOCIETY LTD. HEAD OFFICE: INNANJE INNANJE POST, UDUPI UDUPI DISTRICT-576 138. REP. BY ITS C.E.O.
MR. MANOHAR RAO AGED 56 YEARS. ... PETITIONER (BY SRI MAHESH R. UPPIN, ADV.) AND:
1. STATE OF KARNATAKA BY ITS SECRETARY TO GOVT. DEPT. OF CO-OPERATION M.S. BUILDING BANGALORE-560 001.
2. ASST. REGISTRAR OF CO-OPERATIVE SOCIETIES AND RECOVERY OFFICER S.C.D.C.C. BANK LTD. KODIALBAIL MANGALURU-575 003.
3. SENIOR SUB-REGISTRAR ZILLA PANCHAYAT BUILDING BANNANJE, UDUPI TALUK AND DISTRICT-576 101.
4. PANCHAYAT DEVELOPMENT OFFICER 43RD BELLE GRAMA PANCHAYAT BELLE VILLAGE MOODUBELLE POST KAUP TALUK-576 120 UDUPI DISTRICT. … RESPONDENTS (BY SRI V. SHIVAREDDY, H.C.G.P. FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE COMMUNICATION DATED 03.01.2019 ISSUED BY THE SENIOR SUB-REGISTRAR, UDUPI MARKED AS ANNEXURE-D AND THE COMMUNICATION DATED: 11.01.2019 ISSUED 43RD BELLE GRAMA PANCHAYAT, BELLE VILLAGE, MOODUBELLE POST, MARKED AS ANNEXURE-E AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri Mahesh R. Uppin, learned counsel for petitioner. Sri V. Shivareddy, learned High Court Government Pleader for respondent Nos.1 to 3.
2. The writ petition is admitted for hearing.
With the consent of learned counsel for the parties, the matter is heard finally.
3. In this petition under Articles 226 and 227 of the Constitution of India, the petitioner inter alia seeks quashment of the communication dated 03.01.2019 issued by Senior Sub-Registrar, Udupi and communication dated 11.01.2019 issued by 43rd Belle Grama Panchayat. The petitioner also seeks writ of mandamus directing the respondent No.3 to register the Sale Certificate dated 27.09.2018.
4. When the matter was taken up for consideration today, learned counsel for the petitioner submitted that the writ petition be disposed of with a direction to the respondent No.3 to register the Sale Certificate dated 27.09.2018 in accordance with law.
5. On the other hand, learned High Court Government Pleader for respondent Nos.1 to 3 submitted that suitable action for registration of the Sale Certificate shall be taken in accordance with law.
6. In view of the submissions made and as agreed to by learned counsel for the parties, writ petition is disposed of with the direction to respondent No.3 to register the Sale Certificate dated 27.09.2018 in accordance with law within a period of one month from the date of production of certified copy of the order passed today. It is made clear that this Court has not expressed any opinion on the merits of the case.
Accordingly, the writ petition is disposed of.
Sd/- JUDGE ST