IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 17TH DAY OF DECEMBER 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON'BLE MR. JUSTICE M. NAGAPRASANNA WRIT APPEAL NOS.3761 – 3762 OF 2019(CS RES) BETWEEN:
THE KARNATAKA STATE GOVERNMENT PENSIONERS ASSOCIATION(R), OFFICE AT:KARNATAKA STATE GOVT. EMPLOYEES’S BHAVANA, CUBBON PARK, BENGALURU-560 001.
REPRESENTED BY ITS PRESIDENT AND SECRETARY, 1. MR. D.N. SAMPATH, AGED ABOUT 95 YEARS, SON OF LATE NARASIMHA, 2. MR. REVANNASIDDAIAH, AGED ABOUT 82 YEARS, SON OF LATE REVAIAH, ... APPELLANTS (BY SRI D. GANGADHARA, ADVOCATE) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, M.S.BUILDING/VIKAASA SOUDHA, BENGALURU-560 001.
2. THE DISTRICT REGISTRAR OF SOCIETIES, 4TH ZONE, SAHAKARA BHAVANA, 8TH CROSS, MALLESHWARAM, BENGALURU – 560 003.
3. DR. L BYRAPPA, AGED ABOUT 63 YEARS, RESIDING AT CARE OF KARNATAKA, STATE GOVERNMENT PENSIONERS ASSOCIATION(R), KARNATAKA STATE GOVERNMENT EMPLOYEES BHAVANA, CUBBON PARK, BENGALURU – 560 001.
4. MR. JAYADEVAPPA K, AGED ABOUT 75 YEARS, SON OF KARIYAPPA, RESIDING AT NO.31, 1ST ‘B’ MAIN ROAD, SHAKTI GARDEN, KALYAN NAGAR, BENGALURU – 560 072.
5. MR. M.V. RAJASHEKARIAIH, AGED ABOUT 65 YEARS, SON OF LATE M.B.VEEREGOWDA, RESIDING AT NO.22/1F, SIDEDAHALLI, OPP:GOVERNMENT PRIMARY SCHOOL, HESSARAGHATTA ROAD, BENGALURU – 560 073.
6. MR. RANGEGOWDA, AGED ABOUT 62 YEARS, SON OF NOT KNOWN, RESIDING AT CARE OF O KARNATAKA STATE GOVERNMENT PENSIONERS ASSOCIATION (R), KARNATAKA STATE GOVERNMENT, EMPLOYEES BHAVANA, CUBBON PARK, BENGALURU – 560 001.
7. MR. GANESHA H.V., AGED ABOUT 77 YEARS, SON OF VENKATARAMANAGOWDA, RESIDING AT NO.884, S.S. NAGARA, BANNIMANTAPA ‘B’ LAYOUT, MYSURU – 570 005.
8. MR. PALAIAH, AGED ABOUT 65 YEARS, PRESIDENT OF THE KARNATAKA, STATE PENSIONERS ASSOCIATION, JAGALURU BRANCH, RESIDING AT CARE OF NARAPPA, NARADAMUNI NILAYA, RANGANATHA BADAVANE, JAGALURU – 577 513.
CHITRADURGA DISTRICT.
... RESPONDENTS (BY SRI I. THARANATH POOJARY, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NO.1 & RESPONDENT NO.2;
SRI B. ROOPESHA ADVOCATE FOR RESPONDENT NO.3 AND RESPONDENT NO.6, RESPONDENT NO.4 SERVED AND UNREPRESENTED) THESE WRIT APPEALS ARE FILED UNDER SECTION 4 OF THE KARNTAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN WRIT PETITION NOS.55408-409 OF 2018, DATED 02.07.2019 PASSED BY THE LEARNED SINGLE JUDGE HIGH COURT OF KARNATAKA, BENGALURU AND ETC.
THESE WRIT APPEALS COMING ON FOR ORDERS THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:
JUDGMENT Aggrieved by the order dated 02.07.2019 passed in Writ Petition Nos.55408-09 of 2018 by the learned Single Judge, in dismissing the writ petitions and imposing the cost of Rs.25,000/-, the writ petitioners therein are in appeal.
2. Learned Counsel for the appellants contends that the learned Single Judge has committed an error in dismissing the writ petitions only because the suit has been filed. The relief sought for in the suit is different from what the petitioners have sought for in the writ petitions.
3. On hearing the appellants’ counsel, we do not find any merit in the appeals. When the suit has been initiated, it is for the petitioners to pursue the remedy. It is they who have instituted the suit. The prayer sought for can very well be considered by the trial Court. The writ Court cannot consider the said prayer. Therefore, the learned Single Judge was justified in passing the impugned order.
4. So far as the costs are concerned, in view of the fact that the petitioners are the Karnataka State Government Pensioners Association, that part of the order imposing the cost is deleted. Rest of the order is sustained. Accordingly, the appeals are dismissed.
5. Since appeals are considered on merits, the application for condonation of delay is disposed off.
6. All other pending I.As. stand rejected.
Sd/- JUDGE Sd/- JUDGE Cs/-