IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR. JUSTICE S.N. SATYANARAYANA W.P.NOS.41253-41257/2017 & W.P.NO.41258/2017 (CS-RES) BETWEEN:
1. Narasimhamurthy N., S/o. late Narasanna, Aged about 62 years, R/at No.104, 2nd Floor, 3rd Cross, Kasturinagara, Kalyannagara Post, Bengaluru – 560 043.
2. Ramanna K., S/o. Kambaiah, Aged about 60 years, R/at No.472, “Abhignana’, C.Q.A.L. Layout, Sahakaranagar, Bengaluru – 560 092.
3. Jayathirtha P. Galagali, S/o. late Panduranga Galagali, Aged about 662 years, R/at No.185, ‘Sri Venkatadri Nilaya’, 60 ft. Road, ‘C’ Block, Sahakaranagara, Bengaluru – 560 092.
4. Mallappa B. Kale, S/o. late Basappa Kale, Aged about 55 years, R/at No.302/B-2, Krishna Block, N.G.V., Koramangala, Vivekanagara Post, Bengaluru – 560 047.
5. Ramakrishna C., S/o. late Chennaiah, Aged about 54 years, R/at No.200, 7th Cross, Shastrinagara, Bengaluru – 50 028.
6. Jayanna C., S/o. late Chennaiah, Aged about 59 years, R/at No.1011, 10th Main Road, Avalahalli Main Road, Raghavendra Block, Srinagara, Bengaluru – 560 050. ... Petitioners (By Sri. Jayakumar S. Patil, Senior Counsel for Sri. Deviprasad Shetty, Advocate) AND:
1. Additional Registrar of Co-operative Societies O/o. the Registrar of Co-operative Societies, Ali Asker Road, Bengaluru – 560 001.
2. The Joint Registrar of Co-operative Societies, Bengaluru Region, Pampamahakavi Road, Chamarajapet, Bengaluru – 560 018.
3. Karnataka Legislature Secretariat Employees House Building Co-operative Society Ltd., Having its registered office at Room No.216/A, 2nd Floor, Vidhana Soudha, Bengaluru – 560 001, Reptd. by its Secretary.
4. K.S. Ganesh, S/. K.E. Subbachar, Aged abut 55 years, Under Secretary Karnataka Legislative Assembly Secretariat, 1st Floor, Vidhana Soudha, Bengaluru – 560 001. … Respondents (By Smt. R. Anitha, HCGP for R-1 & R-2; Sri Nanjunda Reddy, Senior Counsel for Sri P. Anand, Advocate for R-4;
Sri Bhaskar Reddy J., Advocate for R-3) These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India praying to quash the order dated 07.04.2014 produced at Annexure-L passed by the Respondent-2, quash the notice dated 03.04.2007 produced at Annexure-P issued by the Respondent-2 and etc.
These Writ Petitions are coming on for Orders this day, the Court made the following:
O R D E R These writ petitions are filed seeking to quash the order dated 7.4.2017 in proceedings No.JRB/DAWA/29(c)/20/2015-16 passed by 2nd respondent and notice dated 3.4.2007 issued by 2nd respondent in Dispute No.JRB/MD/99/2016-17. The petitioners have also sought for interim stay of Annexure-L, namely order dated 7.4.2017 in proceedings No. JRB/DAWA/29(c)/20/2015-16.
2. In this proceeding, the records would indicate that even before these writ petitions were filed, proceedings is already commenced before the Additional Registrar of Co-operative Societies – 1st respondent in appeal bearing No. ANI(WA&E)D2/DAP/01/2017-18. The grievance of petitioners is that in the said appeal their prayer for stay of order dated 7.4.2017, at Annexure-L to these writ petitions, which was subject matter before 1st respondent in aforesaid appeal is not considered though the same is pending for more than four months. Further, it is seen that on 13.9.2017 a direction was issued by this Court to 1st respondent to dispose of the application filed by petitioners herein for interim prayer in the appeal which is pending before him.
3. It is stated by the parties that subsequently the application which was field by the petitioners herein seeking stay of the order dated 7.4.2017, at Annexure-L, is disposed of in rejecting the interim prayer sought for. Hence, in these writ petitions rejection of interim prayer by 1st respondent in the appeal pending before him is also sought to be included as additional prayer.
4. After hearing the parties and on going through the order passed by 1st respondent in the appeal pending before him, this Court feel that the present petitions have become infructuous.
5. Accordingly, these Writ Petitions are hereby disposed of. It is open for the petitioners to challenge the order dated 21.9.2017, at Annexure-Q in rejecting the interim prayer by filing a separate Writ Petition and so far as challenge to the order impugned dated 7.4.2017 in No.JRB/DAWA/29(C)/20/2015-16, may be pursued after the proceedings pending before Additional Registrar of Co-operative Societies is culminated in passing final order.
In view of the disposal of the Writ Petitions, IA.I/2017 filed seeking amendment does not survive for consideration.
Sd/- JUDGE RS/* Ct- PN