IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOs. 14619-14621/2019 (GM-RES) BETWEEN:
MR KRISHNA M, S/O LATE SRI MURUGAN, AGED ABOUT 55 YEARS, R/AT NO.55, GREEN HOUSE, 2ND CROSS, GAJENDRA NAGARA, ANEPALYA, BENGALURU-560 030.
…PETITIONER (BY SMT. KAVITHA D, ADVOCATE) AND:
1. STATE OF KARNATAKA DEPARTMENT OF CO OPERATION M.S. BUILDING BENGALURU-560 001 REP BY DEPUTY SECRETARY 2. THE REGISTRAR OF COOPERATIVE SOCIETIES NO.1, ALI ASKAR ROAD, BENGALURU-560052 3. THE CHAIRMAN THE NATIONAL COOPERATIVE BANK LIMITED H O NO.73/1, GANDHI BAZAAR MAIN ROAD, BENGALURU-560 004 …RESPONDENTS (BY SRI. CHETHAN KUMAR K, ADVOCATE FOR C/R3 (CP NO.734/19);
SRI. Y D HARSHA, AGA SERVED) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT TO RESPONDENTS TO CONSIDER THE REPRESENTATION DATED 27.3.2018 SUBMITTED BY THE PETITIONER UNDER ANNEXURE-G AND DIRECT TO R-3 T0 SUBMIT DOCUMENTS WITH REGARD TO SCHEDULE-B AND C PROPERTY AS MENTIONED IN PARA NO.13 OF REPRESENTATION DATED 27.03.2018 SUBMITTED BY THE PETITIONER UNDER ANNEXURE-G.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Ms. Kavitha.D, learned counsel for the petitioner.
Mr. Chetan Kumar.K. learned counsel for the respondent No.3.
2. In these writ petitions, inter alia the petitioner has prayed for the following reliefs:
“a) Issue writ in the nature of Mandamus and issue directions to respondents to consider the Representation dated 27.03.2018 submitted by the petitioner under Annexure-G;
b) Issue directions to respondent No.3 to submit Documents with regard to Schedule-B & C property as mentioned in para No.13 of Representation dated 27.03.2018 submitted by the petitioner under Annexure-G;
c) Issue necessary directions to respondents, pending consideration of the Representation dated 27.03.2018 submitted by the petitioner under Annexure-G, not to proceed with any kind of recovery proceedings with regard to the Schedule-B & C property”.
3. I have heard the learned counsel for the petitioner and the learned counsel for the respondent and have perused the record.
4. The grievance of the petitioner is that his representation dated 27.03.2018 has not been considered by the competent authority.
5. In view of the aforesaid averment made herein by the petitioner, the learned counsel for the respondent has submitted that appropriate decision on the representation submitted by the petitioner shall be taken in accordance with law.
6. In view of the aforesaid submission and in the facts of the case, I deem it appropriate to dispose of the writ petitions with a direction to the competent authority that suitable action on the representations submitted by the petitioner shall be taken in accordance with law by the competent authority by a speaking order within four weeks from the date of receipt of certified copy of the order passed today. It is needless to state that with regard to other grievance, the petitioner shall be at liberty to take recourse to just remedy as may be available to him in accordance with law.
With the aforesaid liberty, these petitions are disposed of.
Sd/- JUDGE Snb/